Concord City Council
October 11, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
October 11, 2022
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.

Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public. Tonight’s meeting will be conducted both in-person and remotely via Zoom.

How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK Join the Zoom webinar by following THIS LINK
How to Submit Public Comments:

Please note that emailed comments will not be read aloud by staff.

Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Councilmembers prior to the meeting.
Email comments to [email protected].
2 If you are commenting on a particular item on the agenda, please identify the agenda item number and letter.
If you are commenting on an item not listed on the agenda, please identify your comment as a General Public Comment.

To Participate in Public Comment During the Meeting:

Please note that emailed comments will not be read aloud by staff.

In-Person Comments: Blue Speaker Identification Cards are located near the Council Chamber entrance. Please complete a Speaker Card and give it to the City Clerk prior to the agenda item you wish to speak on and preferably prior to the Council meeting. When the Mayor opens a public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Council meeting.

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments. From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/89747130639?pwd=bTFJbDkxVDZnYjYvZEE0TWd5aXFEQT09 oWebinar ID: 897 4713 0639
oPasscode: 937879
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment. When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

When the Mayor opens a public comment period on the item on which you would like to comment, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.
3 OPEN SESSION

1. OPENING
Roll Call
Pledge of Allegiance – Councilmember McGallian

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above.

3. PRESENTATIONS
a. Presentation – by the Concord 4th of July Committee to the winning entries of the 2022 4th of July Parade and special recognitions to supporters and sponsors of the 4th of July activities. Introduction by Mayor Aliano b. Presentation – an update on the Family Justice Center by Natalie Oleas, Central Center Director, and Susun Kim, Executive Director. Introduction by Mayor Aliano.

4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of the minutes from the June 21, 2022, and August 9, 2022, meetings. Recommended by the City Clerk
b. Considering – acceptance of improvements for the Pavement Maintenance Zone 3 Project (Project No. 2443) — the neighborhood surrounding Woodside Elementary school, including residential streets Barrymore Drive, McKean Drive, San Simeon Drive, and Citrus Avenue; and directing the City Clerk to file a Notice of Completion. Recommended by the Director of Community Development.
c. Considering – award of three-year contract for janitorial services not to exceed amount of $535,000 per year to Universal Building Services and Supply, Co. with the option to extend the contract for two (2) additional one 4 (1) year periods, authorizing staff to increase the annual amount no more than 3% each fiscal year thereafter, and authorizing the City Manager to execute a contract in a form acceptable to the City Attorney. (Building Maintenance Fund) Recommended by the Director of Public Works. d. Considering – approval of a License Agreement with RMG Housing for a fee of $5,800 per month to allow temporary use of the City-owned site at 1765 Galindo Street as a construction yard for the storage, staging, and mobilization of modular units for building construction at 1335 Galindo Street, for the period between February 1, 2023 to April 30, 2023 (APN: 126-143- 012); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.

CEQA: Exempt per CEQA Guidelines Sections 15301 – Existing Facilities, 15303 - New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations. e. Considering – adoption of Ordinance No. 22-10 entitled, "An Ordinance Approving and Adopting a Development Agreement by and between the City of Concord and Authentic Concord, LLC (DBA “STIIIZY”), Regarding the Development of Property Located at 1045 Galaxy Way, Assessor's Parcel Number: 126-325-004 (PL21153 – AA, ME, DR, DA). Ordinance No. 22-10 was introduced on September 27, 2022, by reading of the title only and waiving further reading. Recommended by the City Clerk
CEQA: Exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption. f. Considering – adoption of Ordinance No. 22-11 entitled, "An Ordinance Repealing Urgency Ordinance No. 20-5, Which Approved the Concord Forward Action Plan (Plan) and Authorized Temporary Waiver/Suspension of Enforcement of Certain Concord Municipal Code Provisions and Temporarily Waived Certain Fees in the Master Fees and Charges Schedule in Order to Support Implementation of the Plan and Facilitate Business Operations Impacted by Novel Coronavirus. Ordinance No. 22-11 was introduced by reading of the title only and waiving further reading on September 27, 2022.

Recommended by the City Clerk.

Not a project/exempt pursuant to Public Resources Code 21065, Guidelines Sections 15060(c), 15061(b)(3), 15304, 15311, and/or 15378.

5. CITY COUNCIL CONSIDERATION ITEMS
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. 5 a. Considering – approval of selected artwork for Phase III of the Utility Box Artwork Program; and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney. Report by Justin Ezell, Assistant City Manager.

CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.
b. Considering – directing staff to make changes to the eligibility criteria and written application for Planning Commission recruitments. Report by Joelle Fockler, City Clerk.

6. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Considering – adoption of a Resolution pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Municipal Finance Authority multifamily housing revenue bonds in an aggregate principal amount not to exceed $85,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement and equipping of The Argent, an entitled affordable multifamily rental housing project with a site location of 2400 Willow Pass Road, Concord, California and certain other matters relating thereto. Report by Sophia Huckabay, Housing Program Analyst.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378 and/or Public Resources Code Section 21065.

7. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

8. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
a The Mayor’s Announcement of an extension of the ARPA Ad Hoc Committee’s scope and term for the purpose of making
recommendations to Council on nonprofit grant awards; the Committee will continue to exist only until $7,000,000 of grant award 6 recommendations are made to the full Council. Report by Justin Ezell, Assistant City Manager.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262, and/or 15378.

9. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 10/25/2022 6:30 p.m.

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

From: D'Marco Anthony <[email protected]>
Sent: Tuesday, October 11, 2022 1:31 PM
To: City Clerk <[email protected]>
Subject: General Public Comment
Hello. When many people in our community say that Seeno is corrupt, anti-environment, and that they desecrated Native American burial grounds– I am worried that this concise talking point is too vague, and does not fully express the severity of their actions. Consequently, I want to remind the Council why they are problematic developers for the Naval Weapons Station reuse project.

Seeno destroyed several ponds and creeks; they killed California red-legged frogs (which is a threatened species); they were accused of destroying an owl habitat; they illegally chopped down trees; Seeno allowed hazardous waste to enter a creek; Seeno/Discovery was implicated in fraud; members of the Seeno family were accused of extortion, theft, and threats; Albert Seeno III was charged with witness retaliation; and while many people think Concord First Partners is pro-labor, the Seenos actually were accused of violating labor laws. Please try to keep all of their deplorable actions in mind moving forward.

Thank you,
-D'Marco J. Anthony
Written Public Comment
Agenda Item No. 2.a
October 11, 2022

2.a

CENTRAL
CENTER

SUSUN KIM & NATALIE OLEAS
www.cocofamilyjustice.org

3.b

FAMILY JUSTICE CENTER
• 9 law enforcement agencies;
8 public agencies; 46
community partners
• Collaborative partnerships
allow victims to get
connected to resources more
quickly.
• Crisis support, long term
safety, community buildin g

CLIENTS SERVED

47 clie n t s
(7 Co n co r d )
128 clients
(22 Concord)
Trauma
Recov er y
Center
Ju ly -
D ecember
2021
J anuary -
S eptember
2022

CHILD ABUSE

COUNSELING
AGES 6-18 YEARS
86 chi l dren
( 4 Concord)
3 6 chi l dren
( 2 Concord)
2021
2022

TELECARE
Tele health urgent care
regardless of insurance

S TRANGULATION
Started in 2019 to help implement SB 40 by
devel opi ng protocol s, creati ng tool s and conducti ng training around strangulation.

A dvocates from F ami l y Justi ce Center. ST A N D ! F or F ami l i es F ree of V i ol ence and Communi ty V i ol ence Sol uti ons
I ncl udi ng K ai ser Permanente, Contra Costa R egi onal M edi cal Center, John M ui r and Sutter
Strangul ati on T ask F orce
T rai ni ng A dvocates i n October
Tra in in g He a lt h c a re Provid e rs

WHAT IS NEEDED?

WHAT IS NEEDED?
Firearm s
r el i nqui shment
Super vi sed
visita tio n c e n te r
Str angul ati on
awareness

Our F uture

1 SPECIAL MEETING OF THE

CONCORD CITY COUNCIL

COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA

AND VARIOUS

TELEPHONIC/ELECTRONIC

LOCATIONS
TUESDAY, JUNE 21, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6 p.m. on Tuesday, June 21, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember McGallian. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Lauran Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Joelle Fockler, City Clerk; Neetu Salwan,
Deputy City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Mindy Gentry, Planning
Manager; Aaron Sage, Principal Planner

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Kristi Laughlin, EBASE; Eric Haynes; Debra Ballinger; Ady Olvera; Mariana Moore; Bianca Colin; Jima Monson;
Alex Werth, EBHO; Millie Phillips;Julia Zermeno;
Susanna Torres; Yoally Carlenas; Donna Walton; Hope
Johnson

CITY COUNCIL CONSIDERATION ITEM
DRAFT HOUSING ELEMENT UPDATE (HEU) (Continued from the June 14, 2022, City Council Meeting)
Principal Planner Aaron Sage reviewed the presentation that was given at the June 14, 2022, City Council meeting and summarized the benched memorandum dated June 21, 2022, providing clarity regarding the City’s capacity to address its Regional Housing Needs Allocation (RHNA) and responding to Council questions.

Mayor Aliano opened a public comment period.

Kristi Laughlin, EBASE, stated that the Housing Element needs to address immediate housing affordability issues.

Eric Haynes spoke on homes being turned into Airbnb’s.

The following people spoke requesting concrete policies that prevent displacement, discrimination, and segregation while meeting the City’s RHNA goals.

Debra Ballinger
Ady Olvera
Mariana Moore

4.a4.a

City Council Minutes June 21, 2022
2 Blanca Colin
Jima Monson
Alex Werth, EBHO
Millie Phillips
Julia Zermeno
Susanna Torres
Yoally Carlenas
Donna Walton
Hope Johnson spoke of incorporating the cost to build and ask the State to provide funding for building costs.

Mayor Aliano closed the public comment period.

Following comments by the City Council, it was the consensus of the Council to direct staff to make the following changes to the draft Housing Element Update:
 On Program 2 (Addressing Constraints to Development), remove the amendment to allow large residential care facilities by right.
 On Program 16 (Parking), remove the amendments to reduce residential parking requirements (first two bullets) and clarify that parking reductions on religious properties (third bullet) are not to exceed State requirements.
 On Program 20 (Residential Tenant Protections), conduct outreach on the Tenant Anti- Harassment Ordinance on a separate, faster timeline than for tenant protections overall.  Evaluate Tenant/Community Opportunity to Purchase Act (TOPA/COPA) programs as a potential anti-displacement strategy, and support such legislation at the State level.  Evaluate regulations to address displacement caused by short-term rentals.  Add a narrative that discusses in one location all of the City programs and/or funding being provided to assist tenants, both directly and through service providers.

It was the consensus of the Council to not add programs related to rent control and just cause for eviction, rather to wait and assess the effectiveness of the City’s other anti- displacement strategies, including the recently adopted Tenant Anti-Harassment Ordinance.

CORRESPONDENCE
a. 2.a, Housing Element Update, benched correspondence

ADJOURNMENT
By order of the Mayor, the meeting was adjourned June 21, 2022 at 9:03 p.m.

DOMINIC A. ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

1 REGULAR MEETING OF THE

CONCORD CITY COUNCIL/CITY COUNCIL

SITTING AS THE LOCAL REUSE

AUTHORITY/CITY COUNCIL SITTING AS THE

CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, AUGUST 9, 2022
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, August 9, 2022, with Mayor Aliano presiding. The pledge of allegiance was led by Councilmember Birsan. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Edi Birsan, Laura Hoffmeister, Tim McGallian, Carlyn Obringer, Dominic Aliano
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Kevin Marstall, Director of Community Development; William Tarbox, Director of Public Works; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Kevin Halm, Provisional Police Lieutenant; Bruce Davis, Acting City Engineer; Bernard Enrile, CIP Manager; Jennifer Ortega, Community Relations Manager; Robert Carrera, Economic Development Specialist; Kevin Wheat, Associate Civil Engineer

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Ralda Ryer; Anonymous; D’Marco Anthony; Noelle; Ady Olvera; Cora Mitchell, Concord; Derlin Hsu; LaTanya Johnson; Barbara, Concord

PUBLIC COMMENT PERIOD
Ralda Ryer asked about SB 10.

Anonymous proposed that the City get a properly designed City flag that designates colors and symbolism.

D’Marco Anthony acknowledged August 9, 2022, as International Day of the World’s Indigenous Peoples Day, called for all candidates running for office not accept contributions from Concord First Partners, and condemned the Mayor’s action of appointing himself and Councilmember Birsan to an Ad Hoc Committee regarding the Naval Weapons Station Reuse Project.

Noelle spoke of the lack of notification and transparency regarding PJ 2457, East Downtown PDA Access and Safe Routes to Transit Project.

Ady Olvera acknowledged International Day of the World’s Indigenous Peoples Day.

The following people spoke against sweeps of homeless camp sites:

City Council Minutes August 9, 2022
2 Ady Olvera
Cora Mitchell
Derlin Hsu
LaTanya Johnson
Cora Mitchell, Concord, spoke in opposition to the Ad Hoc Committee regarding the Naval Weapons Station Reuse Project.

Barbara, Concord, spoke of paletshelter.com and stated that she and her husband are willing to help with these shelters.

PRESENTATIONS
MAYOR’S CUP GOLF TOURNAMENT
Mayor Aliano presented the proceeds from the Mayor’s Cup Golf Tournament held May 20, 2022, to Jaime Maddox from the First Tee of Contra Costa and Chris Iglesias from the Unity Council.

Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

BUSINESS RECOGNITION AWARDS
Mayor Aliano introduced Economic Development Specialist Robert Carrera, who presented an overview of the program and introduced Izamar Hook, Chair of the Board, Greater Concord Chamber of Commerce, who presented Business Recognition Awards to Sai Willow Ventures, LLC; Jim’s Auto Body; and Kinder’s Meat’s & Deli.

Mayor Aliano opened a public comment period.

Ady Olvera congratulated the businesses on their awards.

Mayor Aliano closed the public comment period.

CONTRA COSTA HEALTH SERVICES A3 – Anyone Anywhere Anytime Community Crisis Response Mayor Aliano introduced Colleen Awad, Supervisor Karen Mitchoff’s Office, Suzanne Tavano, Director of Behavioral Health Services, and Dr. Chad Pierce, Mental Health Program Manager, who gave a presentation on Contra Costa Health Services A3 – Anyone Anywhere Anytime Community Crisis Response and the A3 Miles Hall Campus.

Following questions from the City Council, Mayor Aliano opened a public comment period.

Cora Mitchell, Concord, stated that sweeps of homeless encampments increases the level of crisis for the unhoused and that city property should be used to provide services.

Ady Olvera spoke of the need for more social services for the unhoused population.

Mayor Aliano closed the public comment period.

FINANCIAL UPDATE – Central Contra Costa Sanitary District Mayor Aliano introduced Danea Gemmell, Planning and Development Services Division Manager, who provided a financial update on the Central Contra Costa Sanitary District.

City Council Minutes August 9, 2022
3 Following questions from the City Council, Mayor Aliano opened a public comment period.

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/ CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT (CPHHCD) CONSENT CALENDAR
Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

CITY COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES – June 7, 14, 16, and 21, 2022
A motion was made by Obringer and seconded by McGallian to approve the minutes from the meetings on June 7, 14, 16 and 21 2022. The motion passed by unanimous vote of the Council.

AWARD OF CONTRACT AND APPROVAL OF BUDGET TRANSFER – Library Roof Replacement Project, Project No. 2569
A motion was made by Obringer and seconded by McGallian to award a construction contract in the amount of $239, 000 to Clark Roofing Inc. for the Library Roof Replacement Project, Project # 2569; authorize Staff to utilize the available project contingency for contract change orders that become necessary up to 10% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and approve a budget transfer in the amount of $70, 000 to the Library Roof Replacement Project (Project # 2569) from PJ 2592 (Building Maintenance – Holding Account, Fund 630). The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-49 – Use of the Official City of Concord Flag A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-49 entitled, “A Resolution Amending Policy & Procedure 4 – Use of the Official City of Concord Flag.” The motion passed by unanimous vote of the Council.

ADOPTION OF RESOLUTION NO. 22-4735.6 – AMENDING SALARY OF DEPUTY CLERK A motion was made by Obringer and seconded by McGallian to adopt Resolution No. 22-4735.6 entitled, “A Resolution Amending the City of Concord’s Salary Schedule to Reassign the Deputy City Clerk Classification from Pay Grade PCG-12 (Annual Salary Range of $104,436 - $133,307) to Pay Grade M-5 (Annual Salary Range of $100,256 - $137,841).” The motion passed by unanimous vote of the Council.

CITY COUNCIL/LOCAL REUSE AUTHORITY (LRA)/ CONCORD-PLEASANT HILL HEALTH CARE

DISTRICT (CPHHCD) CONSENT CALENDAR
ADOPTION OF CITY COUNCIL RESOLUTION NO. 22-50, LOCAL REUSE AUTHORITY RESOLUTION NO. 22-41, CONCORD-PLEASANT HILL HEALTH CARE DISTRICT RESOLUTION NO. 22-033 – Continue Meetings Remotely, AB 361
A motion was made by Birsan and seconded by Obringer to adopt Resolution No. 22-50, Local Reuse Authority Resolution No. 22-41, and Concord/Pleasant Hill Health Care District Resolution No. 22- 033 entitled, “A Resolution Declaring the Ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, Standing City Council Subcommittees, and all City Boards, Commissions, and Committees to Continue to Meet Remotely Pursuant to AB 361.” The motion passed by unanimous vote of the Council.

City Council Minutes August 9, 2022
4 CITY COUNCIL CONSIDERATION ITEM
ADOPTION OF RESOLUTION NO. 22-51 – Rescinding Resolution No. 22-45 – Exception to Waiting Period to Hire CalPERS Retired Annuitant
Provisional Police Lieutenant Kevin Halm presented the report, explaining that on June 28, 2022, the City Council adopted Resolution No. 22-45 approving exception to the 180 day waiting period to hire a CalPERS retired annuitant in accordance with Government Code Sections 7522.56 and 21224. After adoption of the resolution it was determined that the retired annuitant, David Kasid, must have a 60 day bona fide separation of employment prior to starting with the City of Concord, requiring a revised Resolution approved by Council, reflecting the start date of August 22, 2022.

Mayor Aliano opened a public comment period, and upon receiving no public comment, closed the public comment period.

A motion was made by Birsan and seconded by Hoffmeister to adopt Resolution No. 22-51 entitled, “A Resolution Rescinding Resolution No. 22-45 and Approving Exception to the 180 Day Waiting Period to Hire a CalPERS Retired Annuitant in Accordance with Government Code Sections 7522.56 and 21224.” The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Letter to Anthony Portantino, Chair, Senate Appropriations Committee, in support of AB 988 (Bauer-Kahn) Mental Health: Mobile Crisis Support Teams: 988 Crisis Hotline. Notice of Support (As Amended June 16, 2022) – July 28, 2022.
b. Letter to Chris Holden, Chair, Assembly Committee on Appropriations on Opposition of SB 932 (Portantino): General plans; circulation element: bicycle and pedestrian plans and traffic calming plans – July 28, 2022
c. Agenda Item No. 2A, Written Public Comment
d. Business Recognition Awards PowerPoint Presentation
e. A3 Crisis Response PowerPoint Presentation
f. Central San PowerPoint Presentation
g. Agenda Item No. 4.e, AB 361 Resolution, Benched Correspondence

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest

City Council Minutes August 9, 2022
5 AD HOC COMMITTEE UPDATE – Federal/State Legislation
Mayor Aliano reported that he and Councilmember McGallian worked with Congressman DeSaulnier, Senator Padilla, and Senator Feinstein on upcoming proposed federal and state legislation, and $631,000 is earmarked for Concord for pedestrian improvements at 18 intersections if the legislation is adopted.

ADJOURNMENT
By order of the Mayor, the meeting was adjourned on August 9, 2022, at 9:10 p.m.

DOMINIC ALIANO
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: October 11, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Bruce Davis, PE, Interim City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Kevin Wheat, PE, Associate Civil Engineer
[email protected]
(925) 671-3422
Subject: Considering acceptance of improvements for the Pavement Maintenance Zone 3 Project (Project No. 2443) — the
neighborhood surrounding Woodside Elementary school,
including residential streets Barrymore Drive, McKean Drive, San Simeon Drive, and Citrus Avenue; and directing the City Clerk to file a Notice of Completion.

Report in Brief
On February 22, 2022, the City Council awarded a construction contract to Interstate Grading & Paving, Inc. of San Francisco, CA in the amount of $2,729,071.90, and authorized a 10% contingency for the Pavement Maintenance Zone 3 Project (Project No. 2443). This project is located in the neighborhood surrounding Woodside Elementary school, roughly bounded by Oak Grove Road and Treat Boulevard, and including residential streets Barrymore Drive, McKean Drive, San Simeon Drive, Citrus Avenue, Graymont Circle, and corresponding side streets (See Attachment 1 - Location Map). The project improvements included asphalt pothole repairs, thin pavement overlays, upgrades of curb ramps at intersections, traffic striping, roadside sign placement, and pavement markings. The work was satisfactorily complete, as of August 26, 2022. The work was completed on time and within budget.

Recommended Action
Accept the improvements for the Pavement Maintenance Zone 3 Project (Project No. 2443), and direct the City Clerk to file a Notice of Completion.

4.b4.b4.b

City Council Agenda Report
Agenda Item No. 4.b
October 11, 2022
Background
On February 22, 2022, the City Council (Council) awarded a construction contract to Interstate Grading & Paving, Inc. (IGP) of San Francisco, CA in the amount of $2,729,071.90, and authorized a 10% contingency for the Pavement Maintenance Zone 3 Project (Project No. 2443). The project is located in the neighborhood surrounding Woodside Elementary school, roughly bounded by Oak Grove Road and Treat Boulevard, and including residential streets Barrymore Drive, McKean Drive, San Simeon Drive, Citrus Avenue, Graymont Circle, and corresponding side streets.

Construction included pavement maintenance work, installation of ADA compliant curb ramps, valley gutter reconstruction, deconstruction and abandonment of an old irrigation well in the street, and traffic striping and pavement marking installation. The Engineering Division managed design, bid advertisement, and construction with the assistance of Quincy Engineering providing construction management and materials testing. IGP satisfactorily completed construction on August 26, 2022.

Analysis
The project successfully improved the quality of pavement and upgraded curb ramps within the project limits. Project funds were spent as follows:

DESCRIPTION
City Staff Cost $40,668.85
Design/Construction Support $175,745.00
Advertisement/Bidding $3,595.63
Construction $2,705,452.12
Construction Management $271,792.00
Total Project Costs $3,224,309.02
Project Budget $3,670,000.00
Remaining Project Balance $445,690.38
The project was completed on time and within budget, with no funds used from the contingency. IGP has provided the required 10% warranty bond, which guarantees the work from material and workmanship defects for one (1) year. The project balance will remain in the project until the 1-year warranty period expires. If necessary, Staff may alternatively request that Council transfer a portion of the remaining project balance to supplement upcoming paving projects that are estimated to be underfunded, after bids are opened for the upcoming paving project(s).

Financial Impact
The project was completed within the authorized budget. The project was funded by SB1 & State Gas Tax, in addition to Measure Q (Funds 260, 266, & 401).

City Council Agenda Report
Agenda Item No. 4.b
October 11, 2022
Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Notice of Completion

PROJECT LOCATION MAP
Pavement Maintenance—Zone 3
City Project No. 2443
ATTACHMENT 1

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City Clerk
City of Concord
1950 Parkside Drive MS/03
Concord, CA 94519
APN(s): __ _n/a______
(Space Above This Line for Recorder’s Use Only)
[Exempt from recording fee per Gov. Code § 27383]

NOTICE OF COMPLETION
(Cal. Civ. Code §§ 8180-8190, 8100-8118, 9200-9208)
A. The City of Concord, a California municipal corporation, entered into a written contract with Interstate Grading & Paving, Inc. (Contractor) dated February 22, 2022. The surety on said contract is held by Liberty Mutual Insurance Company.

B. NOTICE IS HEREBY GIVEN THAT:
(1) The name and address of the owner or reputed owner are:

City of Concord, 1950 Parkside Drive, Concord, CA 94519-2578 (2) The name and address of the direct contractor are:

Interstate Grading & Paving, Inc. 128 South Maple Street, San Francisco, CA 94080 (3) The name and address of the construction lender, if any, are:

Not applicable
(4) A description of the site sufficient for identification, including the street address of the site, if any, follows:

The real property herein referred to is situated in the City of Concord, County of Contra Costa, State of California, and is described as follows: Project No. 2443 Pavement Maintenance Zone 3.

Project included pavement maintenance (thin maintenance overlay with base repairs), curb ramp upgrades, traffic striping, and other related work on various streets in the vicinity Woodside Elementary School.

Streets included in the project include but are not limited to: Graymont Circle, Barrymore Drive, McKean Drive, San Simeon Drive, and Citrus Ave.
(5) The name, address, and relationship to the parties of the person giving the notice:

City of Concord, a California Municipal Corporation, 1950 Parkside Drive, Concord, CA 94519; person giving notice and owner.
(6) The person giving this notice is not a claimant
(7) This notice is given for (check one):

X Completion of the work of improvement as a whole.
__ Completion of a contract for a particular portion of the work of improvement. If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in California Civil Code Section 8186, provide the following information:
(a) The name and address of the direct contractor under that contract: See item B(2), above. (b) A general statement of the work provided pursuant to the contract: See item A above. (8) If signed by the owner’s successor in interest, the name and address of the successor’s transferor:

Not applicable
(9) The nature of the interest or estate of the owner: Easement (10) The date of completion: August 26, 2022
I, Carlton Thompson, say I am the City Engineer for the City of Concord, owner of the aforesaid interest or estate in the property described in the above Notice of Completion, and as such, make this verification on behalf of City of Concord; and that I have read the above Notice of Completion and know the contents thereof and that the facts stated therein are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ___________________________, 20____, at
Concord, California
______________________________________
Carlton Thompson, PE, City Engineer (Signature)
ATTEST:
______________________________________
Joelle Fockler, MMC
City of Concord City Clerk
ATTACHMENT 2

Staff Report
Date: October 11, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering award of three-year contract for janitorial services not to exceed amount of $535,000 per year to Universal
Building Services and Supply, Co. with the option to extend the contract for two (2) additional one (1) year periods, authorizing staff to increase the annual amount no more than 3% each fiscal year thereafter, and authorizing the City Manager to execute a contract in a form acceptable to the City Attorney. (Building Maintenance Fund)
Report in Brief
The City relies on contract janitorial services for its municipal buildings and facilities.

The Public Works Department issued a Request for Proposals in order to award a contract for the cleaning of City owned facilities.

Recommended Action
Award a three-year maintenance services agreement in the amount of $535,000 per year to Universal Building Services and Supply, Co. with the option to extend the contract for two (2) additional one (1) year periods increasing the annual amount no more than 3% in year four and 3% in year five ($551,050 in year four and $567,581 in year five), and authorize the City Manager to execute a contract in a form acceptable to the City Attorney.

Background
Universal Building Services and Supply, Co. has been providing janitorial services for the City Concord since 2018 and the City organization has been satisfied with their

4.c4.c

City Council Agenda Report
Agenda Item No. 4.c
October 11, 2022
service. In August 2022, the City of Concord conducted a formal competitive bidding process for janitorial services and seven bids were received. Staff evaluated these bids and the City’s current janitorial services provider, Universal Building Services and Supply, Co. was the lowest responsive and responsible bidder based on the City’s best value concept as set forth in the RFP and Concord Municipal Code Section 3.10.070(e).

Analysis
The City currently contracts for janitorial services and supplies. Universal Building Services and Supply, Co. has been providing these services to the City since 2018. The services include both labor and equipment to perform the work, as well as all additional costs such as workers compensation and other benefits. The proposed contract with Universal Building Services and Supply, Co. will include the cost of routine janitorial services of city facilities, ad-hoc services such as carpet and window cleaning, and special services such as special event cleanups.

Staff last brought a janitorial agreement to Council three years ago in 2019. In 2019, Council approved an annual amount of $415,675 for janitorial services. Today that same level of service costs $535,000, a 28% increase. To avoid large increases between base years in the future, staff recommends incremental increases to the not to exceed amount of 3% in year four and 3% in year five. Staff believes the 3% increase will provide sufficient flexibility to address costs of service increases. If the 3% increase is not sufficient, Staff will return to the Request for Proposal process to solicit for new proposals.

Procurement Process
A formal competitive Request for Proposals process was completed in August 2022.

The Request for Proposals required that respondents and their subcontractors, if any, be in compliance with the registration and other requirements of Labor Code Section 1420, et seq. Seven bids were received and Universal Building Services and Supply, Co. was identified as being the lowest responsive and responsible bidder based on the City’s best value concept as set forth in the RFP and Concord Municipal Code Section

3.10.070(e). If awarded, the contract will be for an initial three-year period, with the option to renew for two additional one-year periods (for a total of five years).

Fiscal Impact
Adequate funds exist within the current budget to cover the costs incurred this year for this contract and the costs will be built into future years’ budgets.

Public Contact
The City Council Agenda was posted.

Attachment

1. Request for Proposal #2478 Response from Universal Building Services and Supply, Co.

Attachment 1

Staff Report
Date: October 11, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Joan Ryan, Principal Planner
[email protected]
(925) 671-3370
Subject: Considering approval of a License Agreement with RMG Housing for a fee of $5,800 per month to allow temporary use of the City-owned site at 1765 Galindo Street as a construction yard for the storage, staging, and mobilization of modular units for building construction at 1335 Galindo Street, for the period between February 1, 2023 to April 30, 2023 (APN: 126- 143-012); and authorizing the City Manager to execute the Agreement in a form acceptable to the City Attorney.

CEQA: Exempt per CEQA Guidelines Sections 15301 – Existing Facilities, 15303 - New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations.

Report in Brief
The City owns the property (APN 126-143-012) on the northwest corner of Galindo Street and Clayton Road, which is bound on the north by Concord Boulevard and is otherwise referred to as the “white picket fence site” at 1765 Galindo Street (subject site). RMG Housing (“Applicant”), wishes to enter into a License Agreement (“Agreement”) with the City for temporary use of the subject site to operate a temporary construction yard for the storage, staging, and mobilization of modular units for the period between February 1, 2023 and April 30, 2023. The request is to facilitate timely relocation of the modular units to RMG’s construction site of a 75-unit multifamily residential project at 1335 Galindo Street, where at least 40 percent of the

4.d4.d

City Council Agenda Report
Agenda Item No. 4.d
October 11, 2022
units will be deed-restricted affordable housing. The project was approved by the City on June 14, 2021 (“Project”).

The subject site is one of the few sites available that is adequately sized and in close enough proximity to the Project site to be efficient for this staging. The License Agreement (Attachment 1) contains a reasonable licensing fee, consistent with prior fees required for other uses on similar City-owned sites. In addition, the Agreement contains licensing conditions which ensure the City’s best interests with regard to the safety of patrons, motorists, and pedestrians, and compliance with applicable policies and regulations. The proposed Agreement ensures that the property and adjacent roadways will be fully restored to pre-licensing conditions.

Recommended Action
Approve a License Agreement with RMG Housing for a fee of $5,800 per month to allow temporary use of the City-owned site at 1765 Galindo Street as a construction yard for the storage, staging, and mobilization of modular units for building construction at 1335 Galindo Street, for the period between February 1, 2023 to April 30, 2023 at 1765 Galindo Street (APN: 126-143-012); and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney.

Background
In June 2021 the City’s Planning Division approved a 75-unit affordable housing project located at 1335 Galindo Street. The project will provide at least 40 percent of the units to very low and low income households (50-80% AMI). The project will serve a mix of special needs residents including seniors, veterans, disabled individuals and formerly homeless individuals. The multifamily building will include a community room, laundry room, property manager’s office, resident services office, long-term bicycle storage room, and a rooftop outdoor courtyard. The unit mix will consist of 72 one-bedroom units, and three 2-bedroom units (including one manager’s unit). Residents will be provided with supportive services, such as housing and rental assistance, linkages to health services, assistance with benefits and eviction prevention.

RMG wishes to license property from the City to help facilitate and streamline construction of their project. The Applicant plans to utilize modular construction at their project site to streamline construction and reduce overall costs. In order to do so, the Applicant requires a staging area for the storage, staging and mobilization of the modular units to their project site, once they get to that phase of construction, which is anticipated to occur between January and April, 2023. In November 2021, the Applicant began discussing with the City and with BART potential sites that may be available for a temporary construction yard in coordination with their new multifamily project at 1335 Galindo Street.

City Council Agenda Report
Agenda Item No. 4.d
October 11, 2022
The City is in the early stages of a state-defined process of disposal of the subject site, a former Redevelopment site, over the next few months. On May 24, 2022, the City adopted a resolution declaring the subject site as “surplus land” at a regular public meeting, consistent with AB 1486, prior to beginning the process for disposition. After declaration, the City Manager will make a determination on when to issue a Notice of Availability (NOA) to a list of affordable housing developers provided by the State Department of Housing and Community Development, and enter good faith negotiations should the City receive a timely notice of interest from a responding entity. The NOA is currently planned to be issued by the end of October. The proposed temporary use will not conflict with the City’s NOA or the subsequent selection process for the site.

Analysis
The proposal from the Applicant includes use of the central portion of the site with driveway access onto Clayton Road to accommodate larger trucks to deliver the modular units to the site. The subject site is currently underutilized, suitable, and available for temporary use for construction staging during the requested three (3) months, in order to accommodate the Applicant’s request.

Staff has reviewed the Applicant’s request for temporary use of the subject site and determined that it will require an Administrative Permit and a License Agreement for the approximately 3-month period. The application for an Administrative Permit undergoes a staff-level review and permitting process through the City’s Planning, Engineering, and Transportation Divisions. The Divisions consider the proposed temporary use of the property and impose conditions of approval to ensure the City’s best interests, the safety of patrons, motorists, and pedestrians, and compliance with applicable policies and regulations.

The Agreement would provide $5,800 per month, to the City for the requested 3-month period of temporary use. The Agreement is competitively priced, in line with the prior rental of other City-owned sites and represents the Applicant’s use of the majority of the subject site.

The Agreement requires the Applicant obtain an Encroachment Permit from the City and the City’s approval of a traffic control plan and fencing plan prior to use of or mobilization within the subject site. The Encroachment Permit will also include the requirement for the provision of certificates for general liability insurance which name the City of Concord as an additional insured.

Staff has included certain conditions in the Agreement to ensure that the necessary improvements to the site are completed, including provision of a surface stabilization treatment for the proposed license area, and the installation of fencing around the perimeter of the construction yard to ensure security at the site (See Exhibit A and Section 5 of Attachment 1). Fencing specifications in the Agreement require a six-foot

City Council Agenda Report
Agenda Item No. 4.d
October 11, 2022
tall, temporary chain link fencing (self-standing type) around the staging area for storage and staging of the modular units. This fence will be inside of the existing three-foot tall white picket fencing that encompasses the site. The license requires the applicant to maintain and repair the outer white picket fencing at all times during operations and before vacating the site. Hours at the site would generally be limited to Monday through Friday 8:00 a.m. to 5:00 p.m., due to anticipated requests for temporary lane closures, but may be modified by the Director of Community Development upon review of the applicant’s traffic control plan by the Transportation Division. Finally, the proposed Agreement places requirements on the licensee to restore the condition of the property, upon conclusion of their temporary use.

The Applicant’s development site permits and building permits are currently under review. The bulk of the review takes place through the State’s Department of Housing and Community Development (HCD) due to the use of modular units; however, the City’s first plan check review was completed June 1. The applicant anticipates being ready for development at the site by mid-September 2022 and ready for movement of the modulars onto the site by early February 2023.

Financial Impact
The Agreement would provide $5,800 per month, or $17,400 for the full term of the Agreement, to the City for the requested three-month period of temporary use. This payment would be placed in the City’s General Fund.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), approval of the Agreement is categorically exempt pursuant to the following CEQA Guidelines Sections 15301 – Existing Facilities, 15303 - New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, and/or 15305 – Minor Alterations in Land Use Limitations. These categorical exemptions apply because the project consists of the temporary use of the site for storage, staging, and mobilization of modular units which would then be relocated to the project site.

Furthermore, pursuant to Section 15300.2(c), there are no exceptions to the categorical exemptions, because the project: 1) is not located in a sensitive environment; 2) will not cause a cumulative impact due to successive projects of the same type in the same area; 3) will not have a significant effect on the environment due to a cumulative impact of other projects or unusual circumstances; 4) will not result in damage to scenic resources; 5) is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and, 6) will not cause a substantial adverse change in the significance of a historical resource.

Therefore, the proposed project does not warrant further environmental review.

City Council Agenda Report
Agenda Item No. 4.d
October 11, 2022
Public Contact
The City Council Agenda was posted.

Attachment

1. License Agreement between the City of Concord and RMG Housing, LLC

LICENSE AGREEMENT
This License Agreement (“Agreement”) is entered into on October 11, 2022 (“Effective Date”) between the City of Concord, a California municipal corporation (“City”) and RMG Housing, LLC, a limited liability company, located at 12304 Santa Monica Blvd., Suite 106, Los Angeles, CA 90025 (“Licensee”).

Recitals
A. City owns certain real property generally located in the 1700 block of Galindo Street, Concord, CA, at 1765 Galindo Street; APN 126-143-012 (“Property”).

B. Licensee would like to obtain a temporary, non-exclusive, and limited right, privilege, and permission to use portions of the Property as shown on Exhibit A (“License Area”) for the purposes set forth in Section 1.A. and 5 below, subject to the terms and conditions of this Agreement.

C. City is willing to allow such use pursuant to the terms of this Agreement.

Terms and Conditions
NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows:

1. License
A. Grant of License. City hereby grants to Licensee a non-exclusive and limited right, privilege, and permission to use the License Area (including reasonable access to the License Area) to (i) store, stage and mobilize modular units for timely relocation to the developer’s construction site (RMG affordable housing project at 1335 Galindo Street) from February 1, 2023 to April 30, 2023, (ii) comply with the conditions set forth in Section 5 of this Agreement, and (iii) for no other purpose, subject to all leases, subleases, easements, restrictions and reservations now or subsequently pertaining to the License Area, the Property, or any portion thereof (collectively “Permitted Use”). Absent an amendment or modification of this Agreement, no activities other than those described above or provided for within Section 5 are allowed.

B City Access. Licensee agrees that the City or its appointed representatives shall have access to the License Area at all times. City shall have the unrestricted right to observe all activities by Licensee and/or any Licensee Party at the Property. “Licensee Party” means any of Licensee’s partners, officers, officials, volunteers, shareholders, members, employees, agents, invitees, representatives, contractors, subcontractors, sub-licensees, successors, assigns, consultants, experts, and any other person or entity affiliated with Licensee or under Licensee’s direction or control.

C. Condition of Property. Licensee represents and warrants that Licensee has inspected and examined the License Area and accepts the License Area in its Attachment 1

present “as is” condition. Licensee acknowledges and agrees that neither City, nor anyone acting for or on behalf of City, has made any representations, warranties, or promises to Licensee, or to anyone acting for or on behalf of Licensee, concerning the condition of the License Area, the Property, any portion thereof, or any other aspect thereof including any structures or improvements located thereon, the availability of utilities, or the absence or presence of hazardous materials. Licensee shall keep the License Area in a clean, orderly, and sanitary condition to the satisfaction of the City Engineer or designee. Licensee agrees to take proper care to maintain and preserve the property of City. Upon expiration or other termination of this Agreement, Licensee shall remove all of its employee vehicles and other installations from and shall repair and restore the License Area, the Property, and all portions thereof, and shall peaceably vacate such areas to the City clean and in the same condition as when received, reasonable wear and tear excepted.

D. Risk of Loss. City assumes no responsibility for loss or any damage to the property of the Licensee or Licensee’s employees, including theft, vandalism or other property loss or damage incurred as a result of Licensee’s use of the License Area.

E. Advertising. Licensee shall not at any time display any advertising sign without City’s prior written approval, which City may condition or withhold in its sole discretion.

2. Term. The term of this License Agreement shall be for a period of three months commencing on February 1, 2023 (“Commencement Date”) and expiring on April 30, 2023. The term may be extended by the parties upon mutual written agreement by the parties. The City Manager is authorized to execute such renewal or extension of the Agreement. The City, acting solely by and through the City Council, reserves the right to terminate this Agreement at any time upon thirty (30) days notice.

3. License Fee. The “License Fee” shall be $5,800 per month for the period of February 1, 2023 through April 30, 2023 for a total of $17,400, commencing on the Commencement Date. Licensee shall pay the License Fee to City without notice, demand, offset or deduction, in advance, on the first day of each month of the Term.

Multiple payments may be made in advance, if more efficient administratively. If the License Fee is due for a period of less than a full month, it shall be prorated for such partial month on the basis of a 30-day month. Licensee shall remit the License Fee to the City of Concord Finance Department, 1950 Parkside Drive MS/06, Concord, CA 94519 or at such other address as City may from time to time designate in writing to Licensee for the payment of the License Fee.

4. Possessory Interest Taxes. While this Agreement is expressly a License and does not transfer exclusive possession to the License Area, Licensee acknowledges and agrees to pay when due any taxes of any kind and every nature, including but not limited to possessory interest tax that may be imposed upon the License Area or Licensee’s use thereof pursuant to Revenue and Taxation Code Section 107.6

5. Conditions. “Conditions” means the following restrictions and obligations in connection with using the License Area. Licensee agrees that all work under this Agreement and compliance with the Conditions shall be at its sole cost and expense, and to comply with the following Conditions to the City Engineer’s satisfaction:

A. Licensee is hereby expressly prohibited from bringing any soils or other materials onto the License Area, the Property, or any portion thereof.

B. No alterations or use (including temporary or permanent structures, changes, and/or additions) other than those expressly permitted under Section 1.A. and this Section 5 Conditions of this Agreement, shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent by the Director of Community Development, which City may condition or withhold in its sole discretion.

C. Licensee shall provide City with at least three (3) business days prior written notice before conducting any Work. All Work and all other activities pursuant to this Agreement shall be at the sole cost and expense of Licensee.

D. Hours of operation shall be from Monday through Friday from 8:00 a.m. to 5 p.m., however, due to anticipated requests for temporary lane closures, hours may be modified based on the review of the Traffic Control Plan and truck turning radii at both entry and exit driveways, for submittal to and approval by the City’s Director of Community Development.

E. The City requires a surface stabilization treatment for the proposed License Area, as vehicles driving through unpaved dirt may generate dust (impacting adjacent residences and businesses), and if it rains, mud could track onto the streets. Licensee shall provide appropriate erosion and sediment control best management practices, including but not limited to stabilized construction entrance, straw wattles, and sweeping of streets to remove track-out.

F. Licensee shall install, maintain and repair, as necessary, a temporary construction fence around the perimeter of their identified construction staging area utilizing the following Fence Specifications:
a. 6-foot tall temporary construction fence
b. Self-standing type, that should be locked over night G. Following the termination of temporary use, Licensee shall repair any damaged portions of the Property, including driveway approaches, fences, or screening. Outer fencing (white picket) shall be maintained and repaired at all times during operations and prior to vacating site.

H. Licensee shall obtain an encroachment and/or site development permits from the City and the City’s approval of a Traffic Control Plan and

fencing plan shall occur prior to use of or mobilization within the License Area; Licensee shall submit a site plan for the construction yard to the Engineering Division for review and approval, at least three weeks prior to the proposed use.

I. Pedestrian sidewalks for pedestrians and bike lanes along Clayton Road and surrounding the subject site, shall remain open, unless a coordinated lane or street closure occurs through a traffic control plan approved by the City, and based upon review of the truck turning radii at both entry and exit driveways.

J. Absent an amendment or modification of this Agreement, no activities other than those described above are allowed. No other alterations (including temporary or permanent structures, changes and/or additions) shall be made to the License Area, the Property, or any portion thereof, and no other work or activities shall be allowed without City’s prior written consent, which City may condition or withhold in its sole discretion.

6. Indemnification. The following obligations are in addition to those imposed by applicable provisions of the Concord Municipal Code. Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City, its officers, officials, employees, agents, representatives and volunteers (each, a “City Party”) from and against any and all claims, demands, actions, losses, damages, injuries, and liabilities, including all attorney’s fees, expert fees, consultant fees, and other litigation costs and expenses (“Claims”) arising out of or connected in any way with: (a) the Permitted Use; (b) Licensee’s or any Licensee Party’s activities on or about, operation of, access to, and/or use of, the License Area, the Property, or any portion thereof; (c) this Agreement; or (d) Licensee’s or any Licensee Party’s performance, non- performance, breach, or default under this Agreement (individually and collectively, “Activities”), except to the extent caused by City’s sole or active negligence or willful misconduct.

7. Insurance. Licensee shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage. Licensee shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage. Licensee shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Compliance with State Workers’ Compensation Requirements.

Licensee covenants that it will insure itself against liability for Workers’ Compensation

pursuant to the provisions of California Labor Code §3700, et seq. Licensee shall, at all times, upon demand of the City, furnish proof that Workers’ Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by Licensee for City. This provision shall not apply upon written verification by Licensee that Licensee has no employees.

D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. City, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of Licensee and operations of Licensee, premises owned, occupied, or used by Licensee. The coverage shall contain no special limitations on the scope or protection afforded to City, its officers, officials, employees, or volunteers. Except for worker’s compensation and professional liability insurance, the policies mentioned in this subsection shall name City as an additional insured and provide for notice of cancellation to City. Licensee shall also provide timely and prompt notice to City if Licensee receives any notice of cancellation or nonrenewal from its insurer.
(2) Primary Coverage. Licensee’s insurance coverage shall be primary insurance with respect to City, its officers, officials, employees, and volunteers.

Any insurance, risk pooling arrangement, or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Licensee’s insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the City, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. Licensee shall furnish City with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to City at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. City reserves the right to require complete certified copies of all required insurance policies at any time.

8. Compliance With Laws. Licensee shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, ordinances, rules, regulations, permitting requirements, labor codes, prevailing wage requirements, hazardous materials laws, the Americans

with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Contra Costa, the City of Concord, or other applicable authority, all as amended from time to time (“Laws”) which apply to any Licensee Activities, including those requiring payment of any fees, charges or assessments arising out of or in any way related to any Activities or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic’s lien to be filed against the License Area, the Property, any portion thereof, or any interest therein, and shall immediately discharge any such lien. Licensee agrees to and shall protect, defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all claims arising out of or connected in any way with any such lien, except to the extent caused by City’s sole or active negligence or willful misconduct.

9. Environmental Matters.

A. Definitions. “Hazardous Materials” means hazardous waste (as defined in 42 U.S.C. 16901, et seq.), hazardous substance (as defined in 42 U.S.C. §9601, et seq.), and any other hazardous, toxic, radioactive, carcinogenic, or prohibited materials, substances or wastes. “Hazardous Materials Laws” means all Laws concerning the management, use, generation, storage, transportation, presence, discharge or disposal of Hazardous Materials.

B. Generator. City shall not be identified on any documents or otherwise as the generator of any materials or wastes on any manifests or similar documents regarding any Hazardous Materials, or any other materials or wastes resulting from the Work.

C. Compliance with Hazardous Materials Laws. Licensee shall, at its sole cost and expense, comply with all Hazardous Materials Laws. Neither Licensee nor any Licensee Party shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the License Area, the Property, or any portion thereof. Licensee shall cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in, on, under or about the License Area, the Property, or any portion thereof to be removed from the License Area, the Property, and all portions thereof, and transported for disposal in accordance with applicable Hazardous Materials Laws. City shall have the right to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Licensee’s compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Licensee shall immediately notify City in writing of any voluntary clean-up or removal action instituted or proposed by Licensee, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by any person against Licensee, the License Area, the Property, or any portion thereof, relating to Hazardous Materials or Hazardous Materials Laws. Licensee shall also supply to City as promptly as possible, and in any event within five (5) business days after Licensee receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations concerning Hazardous Materials or Hazardous Materials Laws which in any way relate to any of the Activities.

D. Indemnification for Hazardous Materials. In addition to the indemnification

provision set forth in Section 6 above, except to the extent caused by City’s sole negligence or willful misconduct, Licensee agrees to and shall defend (with independent counsel approved by the City), indemnify and hold harmless the City and each City Party from and against any and all Claims (including investigation, removal, remediation, cleanup and monitoring costs), asserted against or incurred at any time and from time-to-time by reason of or arising out or connected in any way with (a) the presence or release of any Hazardous Materials in, on, under or about the License Area, the Property, or any portion thereof; (b) any Activities; (c) the use, generation, storage, treatment, handling, transportation, disposal or release of any Hazardous Materials by or for Licensee or any Licensee Party; or (d) the violation of any Hazardous Materials law by Licensee or any Licensee Party. Such indemnity obligation shall include any Claims for tangible or intangible property damage; compensation for lost wages, business income, profits or other economic loss; damage to the natural resource or the environment; nuisance; trespass; and/or contamination, leak, spill, release or other adverse effect on the environment.

10. Choice of Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

11. Non-Waiver. The waiver by either party of any breach of any term, covenant, or condition contained in this Agreement, or any default in their performance of any obligations under this Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

12. Enforceability; Interpretation. All duties and obligations of Licensee hereunder shall also be deemed to the duties and obligations of each Licensee Party, and Licensee shall be responsible for any breach of any provision of this Agreement by any Licensee Party. In the event that any of the provisions or portions of application of any of the provisions of this Agreement are held to be illegal or invalid by a court of competent jurisdiction, City and Licensee shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward affecting the purpose of this Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of this Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of this Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof.

Headings used in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. Where the context so requires, the use of the singular shall include the plural and vice versa. The words “include” and “including” shall be

interpreted as though followed by the words “without limitation.”

13. Integration. The recitals and any exhibits attached to this Agreement are incorporated by reference as though fully restated herein. This Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement, and merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between Licensee and City, whether oral or written.

14. Successors and Assigns; No Third Party Beneficiaries; No Joint Venture.

Licensee binds itself and its successors and assigns to the terms and obligations of this Agreement. Licensee shall not assign or transfer any interest in this Agreement without the City’s prior written consent, which City may condition or withhold in its sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit, or any joint venture, partnership, employment, or agency relationship between the parties.

15. Notices. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered first class United States mail, return receipt requested, or by personal delivery to the City’s address as shown below, or such other places as City or Licensee may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed effectively served upon deposit in the United States Mail, or upon personal delivery.

To City: City of Concord
Attention: Community Development Director
1950 Parkside Drive, MS/53 Concord, CA 94520
Telephone: (925) 671-3152
Email: [email protected]
To Licensee: RMG Housing, LLC
Arthur Lin, Development Manager
12304 Santa Monica Blvd., Suite106
Los Angeles, CA 90025
Telephone: (626) 861-1763
Email: [email protected]

16. Non-Liability. Neither City nor any City Party shall be personally liable to Licensee or otherwise in the event of any default or breach of the City, or for any amount which may become due to Licensee or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

17. Execution; Counterparts; Amendment. Each individual or entity executing this Agreement on behalf of Licensee represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Licensee and that such execution is binding upon Licensee. This Agreement may be executed in several

counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the City of Concord Municipal Code.

18. No Title; No Recording. Nothing in this Agreement or any activities pursuant to this Agreement shall convey or create in Licensee any right, title or interest in the License Area, the Property, or any portion thereof. Licensee may not record this Agreement or a memorandum referring to this Agreement without City’s prior written consent, which City may condition or withhold in its sole discretion.

19. Survival. The terms and conditions of the following Sections shall survive any termination or expiration of this Agreement: Section 1.C (Condition of Property), Section 5 (Conditions), Section 6 (Indemnification), Section 7 (Insurance), Section 8 (Compliance with Laws), Section 9 (Environmental Matters), Section 10 (Choice of Law), Section 16 (Non- Liability), and Section 19 (Survival).
(Signatures on following page)

IN WITNESS WHEREOF, City and Licensee have respectively entered into this Agreement as of the Effective Date.

LICENSEE: CITY:

RMG Housing, LLC,
a California limited liability company CITY OF CONCORD, a California municipal corporation
By: By:

Name: Arthur Lin Valerie J. Barone, City Manager
Its: Development Manager
ATTEST:

By:

Joelle Fockler, MMC, City Clerk
APPROVED AS TO FORM:

By:

Susanne Brown, City Attorney

Exhibit A
Galindo Street
Galindo Street
Clayton Road
Concord Blvd.

Ord. No. 22-XX 1
ORDINANCE NO. 22-10

AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF CONCORD AND
AUTHENTIC CONCORD, LLC (DBA “STIIIZY”), REGARDING THE
DEVELOPMENT OF PROPERTY LOCATED AT 1045 GALAXY WAY,
ASSESSOR’S PARCEL NUMBER: 126-325-004 (PL21153 – AA, ME, DR, DA) WHEREAS, on June 12, 2018, the City Council adopted Ordinance No. 18-3, which amended the Municipal Code and Development Code to establish a Commercial Cannabis Overlay District, associated development standards, and a licensing framework for medicinal-only cannabis manufacturing and distribution, and adult-use and medicinal testing laboratories; and WHEREAS, on April 2, 2019, the City Council and Planning Commission conducted a Joint Study Session and directed staff to pursue revisions to the existing cannabis regulations to potentially allow additional commercial cannabis uses including adult-use and medicinal non-storefront retail; and consideration of allowing adult-use and medicinal storefront retail and microbusinesses; and WHEREAS, on November 5, 2019, the City Council considered introduction of an Ordinance amending Concord Municipal Code Chapter 5.80 (Cannabis) to add adult-use City Cannabis Licenses for manufacturing and distribution; to increase the maximum number of City Cannabis Licenses for manufacturing, distribution, and testing laboratories; to allow City Cannabis Licenses for medicinal and adult-use retail (storefront and non-storefront); and allow City Cannabis Licenses for microbusinesses. At the meeting, the City Council provided direction to staff regarding the allowable number of each cannabis license type, and directed staff to bring the Development Code amendments required for implementing corresponding changes to the Concord Development Code to the Planning Commission for consideration and recommendation to the City Council; and WHEREAS, on May 26, 2020, the City Council Adopted Ordinance No. 20-4, Amending Concord Municipal Code Chapter 5.80 (Cannabis) and Development Code (Title 18) to Allow Adult- Use City Cannabis Licenses for Manufacturers and Type 13 Distributors; Increase the Maximum Number of City Cannabis Licenses for Manufacturers, Type 13 Distributors, and Testing

4.e4.e

Laboratories, and Allow City Cannabis Licenses for Retail (Storefront and Non-Storefront), Microbusinesses, and Type 11 Distributors; and
WHEREAS, on July 28, 2020, the City Council approved the procedure, criteria, and scoring for a merit-based competitive process to review and select eligible applicants to apply for available City Cannabis Licenses for cannabis storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on October 5, 2020 the City of Concord issued a Request for Proposals for storefront retailers, non-storefront retailers, and microbusinesses with a storefront retail component; and
WHEREAS, on May 26, 2021, following interviews, public comment, and City Council deliberation, Authentic Concord, LLC was invited to apply for one of three available storefront retail cannabis licenses; and
WHEREAS, California Government Code section 65864 et seq. authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long-term development agreement establishing certain development rights in the property; and WHEREAS, Municipal Code Chapter 18.460 Development Agreements authorizes the execution of development agreements and sets forth the required contents and form of those agreements; and
WHEREAS, on September 2, 2021, Authentic Concord Retail, LLC (“Applicant” or “Authentic”), submitted an Administrative Permit, Minor Exception, Design and Site Review, and Development Agreement applications to establish a cannabis storefront retail use at 1045 Galaxy Way Pass Road, APN 126-325-004 (“Property”), (herein collectively referred to as “Project”); and WHEREAS, on April 21, 2022, the Project was deemed complete by staff; and WHEREAS, the City and Applicant have reached mutual agreement on the terms of the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein, in the form attached hereto as Exhibit A (the “Development Agreement”); and

WHEREAS, on May 18, 2022, the Planning Commission continued the application to a date uncertain to give the applicant and staff time to address issues raised after the agenda was published; and
WHEREAS, the Planning Commission, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing September 7, 2022 on the proposed Development Agreement; and
WHEREAS, at such public hearing, the Planning Commission considered all oral and written information, testimony, and comments received during the public review process, including information received at the public hearing, the oral report from City staff, the written report from City staff dated September 7, 2022 materials, exhibits presented, and all other information that constitutes the record of proceedings on which the Planning Commission has based its decision that are maintained at the offices of the City of Concord Planning Division (collectively, “Planning Commission Information”); and
WHEREAS, on September 7, 2022, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, voted 4-0 (AYES: Mizutani, Laub, Barbour, Mercurio) to adopt a Resolution No. 22-07PC Recommending the City Council Approve an Administrative Permit, Minor Exception, Design and Site Review, and Ordinance for a Development Agreement for a Cannabis Storefront Retail Use Located at 1045 Galaxy Way (PL21153 – AA, ME, DR, DA) for Authentic Concord, LLC (dba “STIIIZY”); (APN: 126-325-004), subject to the draft Conditions of Approval contained herein as Exhibit A (“Conditions of Approval”); and WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on September 27, 2022 on the Development Agreement; and
WHEREAS, at such public hearing, the City Council also considered and adopted a Resolution Approving an Administrative Permit, Minor Exception, and, Design and Site Review, for a Cannabis Storefront and Delivery Retail Business at 1045 Galaxy Way, APN: 126-325-004 (PL21153 – AA, ME, DR, DA). Authentic Concord, LLC (DBA “STIIIZY”) (“Resolution 22-63”); and

WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process and at the public hearing, the oral report from City staff, the written report from City staff dated September 27, 2022 materials, exhibits presented, the Planning Commission Information, and all other information that constitutes the record of proceedings relating to the proposed Project, which are maintained at the offices of the City of Concord City Clerk (collectively, “City Council Information”), and declared their intent to approve and adopt the Ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. All of the facts set forth in the Recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Section 2. The City Council has reviewed, considered, and evaluated the City Council Information, all other pertinent plans, documents, and testimony prior to acting upon Ordinance.

Section 3. The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord 94519.

Section 4. CEQA. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the proposed Project is exempt pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense Exemption”. The activity is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The August 12, 2022 Exemption Memorandum prepared by Raney Planning & Management Inc., which is attached to the September 27, 2022 City Council staff report and incorporated by reference herein, prepared demonstrates with certainty that there is no possibility that the proposed project would have a significant impact upon the

environment. Therefore, the project can be considered exempt from CEQA under Section 15061(b)(3).Therefore, the proposed Project does not warrant further environmental review. This determination reflects the City’s independent judgment and analysis.

Section 5. Development Agreement.
a. The Development Agreement is consistent with the general plan and any applicable specific plan. The cannabis retail storefront business is consistent with General Plan policies E-2.1.1, E-2.1.7, LU-9.1.3, LU-10.1.5, and LU6.1.2. The Project will foster entrepreneurship and innovation by providing a cannabis retail storefront in Concord; increasing the variety for retail goods; and providing employment generating businesses that place an emphasis on hiring Concord residents.
b. The Development Agreement is in conformity with public convenience, general welfare, and good land use practices. Storefront retail cannabis uses are allowed in the WMX zoning district with the approval of an Administrative Permit and competitive selection process. The proposed use will be occupying an existing building, which is in conformance with the regulations and standards for the zoning district. No known sensitive uses as defined in CMC Chapter 5.80 are located within 250 feet of the subject property. c. The Development Agreement will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement, Conditional City Cannabis License, Administrative Permit, and Minor Exception contain conditions of approval, including a safety and security plan that will ensure the use will not impact surrounding businesses and properties. The Development Agreement contains commitments from Authentic Concord LLC codified through adoption of the agreement by the City Council to provide community benefits with the purpose of youth drug use prevention and education efforts, drug treatment and mental health programs, including programs providing supervised diversion from the criminal justice system to avoid recidivism, workforce development,

small business assistance, providing amenities for public use and enjoyment, including streetscape and sidewalk improvements and public art installations, event programming and other activation of public space, and improving quality of life and providing economic opportunities.
d. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. The proposed business will be occupying an existing building. The Applicant will be making minor changes to the exterior of the building, including new glass storefront, new paint as necessary and signage, but no changes that would adversely affect the orderly development of property. The Applicant will also be making exterior improvements to the site, including new landscaping, bicycle racks, and trash enclosure. These improvements will help preserve property values for the area. e. The Development Agreement is consistent with California Government Code sections 65864 through 65869.5. The City has given the required notice of its intention to adopt the Development Agreement and has conducted public hearings thereon pursuant to Government Code Section 65867 and the Development Agreement Ordinance (CMC Chapter 18.460). The City has reviewed and evaluated this Agreement in accordance with the Development Agreement Laws and found that the provisions of this Agreement and its purposes are consistent with the Development Agreement Laws and the goals, policies, standards and land use designations specified in the General Plan.

Section 6. The City Council does hereby pass and adopt this Ordinance No. 22-10 and approves and authorizes the City Manager to execute the Development Agreement in form attached hereto as Exhibit A, with minor technical, non-substantive revisions that may be approved by the City Manager in consultation with the City Attorney, and (as more specifically set forth in the Development Agreement) further authorizes the City Manager or designee the authority to determine, review, and approve any “Minor Amendment” as set forth in the Development Agreement and subject to approval of the City Attorney. Upon execution of the Development Agreement by all parties, the

City Clerk is hereby directed to record the Development Agreement with the Contra Costa County Recorder’s Office.

Section 7. This Ordinance No. 22-10 shall become effective thirty (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)

Ordinance No. 22-10 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on September 27, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on October 11, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Exhibit A: Development Agreement

Exhibit A

Ord. No. 22-11 1
ORDINANCE NO. 22-11
AN ORDINANCE REPEALING URGENCY ORDINANCE NO. 20-5,

WHICH APPROVED THE CONCORD FORWARD ACTION PLAN
(PLAN) AND AUTHORIZED TEMPORARY WAIVER/SUSPENSION OF

ENFORCEMENT OF CERTAIN CONCORD MUNICIPAL CODE

PROVISIONS AND TEMPORARILY WAIVED CERTAIN FEES IN THE

MASTER FEES AND CHARGES SCHEDULE IN ORDER TO SUPPORT

IMPLEMENTATION OF THE PLAN AND FACILITATE BUSINESS

OPERATIONS IMPACTED BY NOVEL CORONAVIRUS
WHEREAS, during the time of stay-at-home orders and restrictions on business activities in response to the COVID-19 Pandemic, many businesses experienced substantial declines in business income as a result of business closures or the loss of hours, which threatened their ability to pay rent, maintain payroll, and continue operating; and WHEREAS, to support businesses in their recovery and operations during the pandemic, the City Council adopted Urgency Ordinance No. 20-5 on June 9, 2020 (the “Urgency Ordinance”), which became effective immediately; and
WHEREAS, the Urgency Ordinance implemented the ‘Concord Forward Action Plan’, which implemented nine action items to support businesses in their recovery from the COVID- 19 pandemic; and
WHEREAS, these action items included the establishment of a temporary outdoor operations licensing program to allow businesses to establish temporary outdoor operations to allow them to conduct business operations while indoor business activity was restricted; and WHEREAS, the Urgency Ordinance allowed for the suspension of certain municipal codes and provisions to facilitate the temporary outdoor operations licensing program; and WHEREAS, the Urgency Ordinance waived certain municipal fees and charges to implement the Plan; and
WHEREAS, since the adoption of the Plan, thirty-five businesses received licenses to conduct temporary outdoor operations in close proximity to their establishment; and WHEREAS, since adoption of the Urgency Ordinance, the nature of the COVID-19 Pandemic has changed, due to both the advancement of COVID-19 treatment and prevention and

4.f

Ord. No. 22-11 1
the lifting of State and County restrictions on business activities; and WHEREAS, given the evolution of the COVID-19 pandemic and the review of County data as it pertains to cases, deaths, and hospitalization rates, the City deems it appropriate to repeal the Urgency Ordinance, and resume enforcement of certain municipal codes and the charging of fees adopted through Resolution No. 78-6042 and subsequent amendments; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings; and WHEREAS, the City Council, after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed public hearing on September 27, 2022 for the first reading and introduction of this ordinance to repeal the Urgency Ordinance; and WHEREAS, at such public hearing, the City Council considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public hearing, the oral report from City staff, the written report from City staff dated September 27, 2022, this ordinance, and all other information on which the City Council has based its decision (collectively, “Council Information”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD does ordain as follows:

Section 1. Recitals; Record of Proceedings. The City Council hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals constitute findings in this matter, and together with the Council Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. The Council Information together with the public hearing record concerning this matter as set forth in the minutes of the City Council meeting of September 27, 2022, and are incorporated by reference as

Ord. No. 22-11 1
though fully set forth herein, and constitute the record of proceedings. The record of proceedings is maintained in the offices of the City of Concord City Clerk, 1950 Parkside Drive MS/03, Concord, CA 94519.

Section 2. CEQA. Adoption of this ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because the adoption of the Ordinance does not constitute a “project,” and will not result in a direct or reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065. In addition,such action is falls within the “common sense exception” set forth in CEQA Guidelines Section 15061(b)(3) excluding –projects where “it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment” and is categorically exempt pursuant to CEQA Guidelines Sections 15304 and 15311.” No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 3. Repeal. Urgency Ordinance No. 20-5 is hereby repealed in its entirety.

Section 4. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 5. Publication and Effective Date. This ordinance shall become effective thirty (30) days following passage and adoption. In the event a summary of said ordinance is published in lieu of the entire ordinance, a certified copy of the full text of this ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of

Ord. No. 22-11 1
adoption of this ordinance and once within fifteen (15) days after its passage and adoption, including vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord. Codification. This ordinance shall not be codified.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
Ordinance No. 22-11 was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on September 27, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on October 11, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk

Staff Report
Date: October 11, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering approval of selected artwork for Phase III of the Utility Box Artwork Program; and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney.

CEQA: Exempt/not a project per CEQA Guidelines Sections 15060(c)(2), 15378, 15061(b)(3), and/or 15300.2.

Report in Brief
The Concord Art Association (CAA) completed its call for artists for artwork that is to be placed on utility boxes as part of the Phase III Utility Box Artwork Program. The Council Committee on Recreation, Cultural Affairs & Community Services (Obringer/Birsan) and the CAA have reviewed artist submissions and are prepared to make a recommendation to the City Council regarding the selected artwork.

Recommended Action
Approval of selected artwork for Phase III of the Utility Box Artwork Program and authorize the City Manager to execute the artist agreements in a form approved by the City Attorney.

Background
In 2019, the City and Concord Art Association (CAA) collaborated to install a combination of vinyl wrapped and directly painted artwork on eleven utility boxes in the downtown. The theme of the 2019 project (Phase I), “Music and Market,” featured artists selected by the CAA through a call for artists. The Recreation, Cultural Affairs and Community Services Committee (RCACS) reviewed artwork before formal approval

5.a5.a5.a5.a

City Council Agenda Report
Agenda Item No. 5.a
October 4, 2022
by the City Council. Project funding was a combination of an $11,600 City contribution from the Art in Public Places Fund, and $5,000 raised by CAA through sponsorships.

CAA completed a Phase II project in 2020. This project consisted of four traffic signal cabinets around the downtown with the theme “Celebrate Concord.” The theme allowed artists to shed a positive light on the many great things around Concord and focus on bringing the community together through art. Similar to Phase I described above, CAA selected artists through a call for artists. RCACS reviewed the artwork and recommended approval to the City Council. Unlike Phase I, CAA 100% funded Phase II through sponsorships, with the exception of in-kind city services such as utility box preparation and legal documents.

On February 22, 2022, Council authorized Phase III of the program including the allocation of $10,000 from the Art in Public Places fund, and the commitment of staff support. A key aspect of the Phase III program is that it aligns with the City’s Highway Safety Improvement Program (HSIP) traffic signal upgrade project occurring this year.

CAA will paint twenty of the traffic signal cabinets scheduled for replacement under the HSIP program prior to their installation. CAA’s project consists of the following:

Scope
Painting of twenty traffic signal controller boxes located on major thoroughfares, spread throughout the City.

Theme
The proposed theme is “Concord Reflections.” Artists submitting artwork were encouraged to create designs that reflect the context of the neighborhood in which they are located.

Cost and Funding
CAA estimates a total project cost of $20,500 for which they anticipate raising $10,000 through sponsorships, and a $500 contribution from their own funding source. The City has contributed $10,000 from the Art in Public Places Fund. Staff support is in the form of in-kind city services such as legal documents and site preparation.

Analysis
The Phase III program aligns with the City’s Highway Safety Improvement Program, as such it will be split into two parts to better align with the projects phases and timing. Part 1 will consist of fourteen (14) box locations spread throughout the City along major corridors including: Willow Pass Road, Monument Boulevard, Treat, Clayton Road, Olivera, and Ygnacio Valley (locations are provided in Attachment 1). The remaining six (6) locations will be determined in late 2022 or early 2023. A second process will be needed for the remaining locations including a call for artists, RCACS review and recommendations, and Council authorization of the selected artwork.

City Council Agenda Report
Agenda Item No. 5.a
October 4, 2022
The Concord Art Association completed its review of artwork submissions for Part 1 (14 locations) and made an oral and visual presentation to the Committee on Recreation, Cultural Affairs & Community Services on September 14, 2022. The Committee and CAA are now prepared to make a recommendation to the City Council regarding the selected artwork. At the time of the writing of this staff report, the recommended artwork is not yet available to be included as an attachment. Instead, an oral and visual presentation will be provided to the City Council for consideration.

Financial Impact
On February 22, 2022, the City Council authorized the Phase III Program and use of Art in Public Places funds of up to $10,000, in addition to the provision of supportive in-kind City services.

Environmental Determination
This activity does not constitute a “project” within the meaning of CEQA Guidelines Section 15060 (c)(2) or CEQA Guidelines Section 15378, because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the activity does comprise a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Utility Box Locations for Phase III
In order of City of Concord Installation
August 25, 2022
Box Location
1 Willow Pass & Farm Bureau
2 Willow Pass & Market near Pine
3 Willow Pass & East
4 Willow Pass & Galindo
5 Willow Pass & Fry
6 Monument Bl. & Detroit
7 Monument Bl. & Meadow Lane
8 Monument Bl. & Mohr
9 Alberta & Ygnacio Valley Road
10 Treat & Oak Grove
11 Clayton Road & Kirker Pass
12 Clayton Road & Farm Bureau
13 Clayton Road & Oakland Ave (Near BART)
14 Olivera Road & Port Chicago Highway

Attachment 1

Concord Utility Box Art
Phase III
“Concord Reflections”
October 11, 2022
concord art association 1

Selection
Criteria
What is your overall impression of the
design as public art?
Interpretation and clarity of the theme
“Concord Reflections”
Use of bright colors, bold shapes, and a
readable design
Composition of the artwork, flow of the
design across the four sides of the box
”Viewability” on a busy thoroughfare
concord art association 2

Process
Note: submissions were identified
by number only.

Artist names will be revealed
after City Council approval.
• Committee of 3 jurors reviewed submitted designs.
• Committee included 2 Concord residents and one
f
ormer utility box artist.
• Using the criteria provided, jurors individually rated su
bmissions.
• Jurors rated each submission on five criteria,
as
signing a value of 1 to 5, with 5 being highest.
• The 18 submissions with highest total scores were
p
resented to the City Parks and Rec Committee.
• That committee selected 14 designs for city council
ap
proval.
• For your consideration as needed, there is one
alt
ernate design.
concord art association 3

Submission
Media
Artists created their submitted designs using a
variety of media including:

Acrylic and oil paint
Colored pencil
Watercolor
Photos or digital art
Artist will paint their designs on the traffic control
boxes using acrylic paint and mediums.
concord art association 4

1-3012 Willow Pass & Farm Bureau
(Battery attachment)
concord art association 5

2-3017 Willow Pass & Market near Pine
concord art association 6

3-3008 Willow Pass & East Street *
concord art association 7

4-3020 Willow Pass & Galindo (3 Sides)
concord art association 8

5-3003 Willow Pass & Fry
concord art association 9

6-3001 Monument & Detroit
concord art association 10

7-3006 Monument & Meadow Lane
concord art association 11

8 3015-Monument & Mohr Lane
(Battery attachment)
concord art association 12

9-3013 Alberta & Ygnacio Valley Road *
concord art association 13

10-3010 Treat & Oak Grove *
concord art association 14

11-3007 Clayton Road & Kirker Pass
concord art association 15

12-3022 Clayton Road & Farm Bureau
concord art association 16

13-3016 Clayton & Oakland Near BART *
concord art association 17

14-3018 Olivera Road & Port Chicago *
(Battery attachment)
concord art association 18

Alternate Design-3023
concord art association 19

For more
information
• [email protected]
• Or Catherine Hensiek, c [email protected]
concord art association 20

Concord Utility Box Art
Phase III
“Concord Reflections”
October 11, 2022
concord art association 1

Selection
Criteria
What is your overall impression of the
design as public art?
Interpretation and clarity of the theme
“Concord Reflections”
Use of bright colors, bold shapes, and a
readable design
Composition of the artwork, flow of the
design across the four sides of the box
”Viewability” on a busy thoroughfare
concord art association 2

Process
Note: submissions were identified
by number only.

Artist names will be revealed
after City Council approval.
• Committee of 3 jurors reviewed submitted designs.
• Committee included 2 Concord residents and one
f
ormer utility box artist.
• Using the criteria provided, jurors individually rated su
bmissions.
• Jurors rated each submission on five criteria,
as
signing a value of 1 to 5, with 5 being highest.
• The 18 submissions with highest total scores were
p
resented to the City Parks and Rec Committee.
• That committee selected 14 designs for city council
ap
proval.
• For your consideration as needed, there is one
alt
ernate design.
concord art association 3

Submission
Media
Artists created their submitted designs using a
variety of media including:

Acrylic and oil paint
Colored pencil
Watercolor
Photos or digital art
Artist will paint their designs on the traffic control
boxes using acrylic paint and mediums.
concord art association 4

1-3012 Willow Pass & Farm Bureau
(Battery attachment)
concord art association 5

2-3017 Willow Pass & Market near Pine
concord art association 6

3-3008 Willow Pass & East Street *
concord art association 7

4-3020 Willow Pass & Galindo (3 Sides)
concord art association 8

5-3003 Willow Pass & Fry
concord art association 9

6-3001 Monument & Detroit
concord art association 10

7-3006 Monument & Meadow Lane
concord art association 11

8 3015-Monument & Mohr Lane
(Battery attachment)
concord art association 12

9-3013 Alberta & Ygnacio Valley Road *
concord art association 13

10-3010 Treat & Oak Grove *
concord art association 14

11-3007 Clayton Road & Kirker Pass
concord art association 15

12-3022 Clayton Road & Farm Bureau
concord art association 16

13-3016 Clayton & Oakland Near BART *
concord art association 17

14-3018 Olivera Road & Port Chicago *
(Battery attachment)
concord art association 18

Alternate Design-3023
concord art association 19

For more
information
• [email protected]
• Or Catherine Hensiek, c [email protected]
concord art association 20

Staff Report
Date: October 11, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering directing staff to make changes to the eligibility criteria and written application for Planning Commission recruitments.

Report in Brief
At the April 6, 2021, City Council meeting, Councilmember Birsan requested a future discussion item pertaining to revisions of the Planning Commission recruitment process.

It was the consensus of Council that Councilmember Birsan select another Councilmember with whom to discuss ideas1and once discussed, have staff to place the matter on a City Council agenda at a future date. Councilmember Birsan discussed his recommendations with Mayor Aliano, and this item is being brought forward for City Council consideration in advance of recruitment for Planning Commissioner terms that end February 28, 2023.

Recommended Action
Hear the information and provide direction to staff on changes to the eligibility criteria and written application for Planning Commission recruitments.

Background
The current criteria for appointment of members of the Planning Commission are that the member be a citizen of the city who holds no other municipal office in the city2.

The current process for applying, interview, and appointment to the Planning Commission is as follows:
1 Discussions between solely two Councilmembers are permitted under the Brown Act. 2 Concord Municipal Code Section 2.20.350

5.b5.b5.b5.b

City Council Agenda Report
Agenda Item No. 5.b
October 11, 2022

1. Announcement of recruitment at Council Meeting followed by application period of approximately one month.

2. Completion of an online application collecting information including:
 Address
 Length of time at current address
 Length of time in Contra Costa County
 Occupation and length of time with current employer
 Education
 Technical/Vocational Training
 Certifications
 Resume
A copy of the existing application is included as Attachment 1.

3. After close of application period, applications are reviewed by the City Attorney’s office for potential conflict of interest.

4. Interviews scheduled for a City Council meeting.

5. At the City Council meeting prior to the interviews, staff supplies Council with draft interview questions for Council’s review. Council has the option to use the proposed questions, revise the questions, or develop questions.

6. Interviews are held.

7. Council votes on Planning Commission appointments by ballot vote.

Analysis
Councilmember Birsan is recommending two changes to the Planning Commission recruitment process: 1) additional eligibility criteria, and 2) adding specific questions to the written application.

Additional Eligibility Requirement
Councilmember Birsan is recommending adding the following eligibility criteria for Planning Commission applicants:

1. Candidates must be a resident over the age of 18 and be a U.S. citizen; and

2. Candidates must have attended two (2) Planning Commission meetings within the last twelve (12) months.

The City of Pleasant Hill requires that Planning Commissioners be a citizen of the United States of the age of 21 years. The cities of San Pablo, Pittsburg, Martinez, El Cerrito, San Ramon, Clayton, Oakley, and Hercules require that Planning Commissioners live within the city limits and be at least 18 years of age, and the

City Council Agenda Report
Agenda Item No. 5.b
October 11, 2022
cities/towns of Danville, Lafayette, Antioch, and Richmond do not have an age requirement.

A Municipal Code Change is required if the Council desires to make changes to the eligibility requirement specifying over the age of 18 and the addition of candidates attending two Planning Commission meetings within 12 months. If the Council wishes to move forward with the proposed changes, an Ordinance will be drafted and returned to the Council for consideration.

Adding Questions to the Written Application
Councilmember Birsan wishes to revise the existing application (see Attachment 1) to include specific questions to Planning Commission applicants; his recommendations are broken into three categories as follows:

For all applicants:

1. How do you follow State and regional trends in development in order to be educated on what types of projects might be coming to Concord?

2. Describe at least three of the challenges to developing the Base Reuse area.

3. What are the challenges to new development on small infill parcels that are vacant or minimally developed?

4. What do you like most about the current General Plan? What would you like to see changed or augmented?

5. Looking back a year or so, what project approved by the Planning Commission have you been most pleased with?

6. If a project comes before the Planning Commission, such as some type of housing or a substantial commercial development, and it is opposed by many neighbors, how would you approach your evaluation of it? What is the role of neighborhood opposition?

7. Suppose there was a 10-acre undeveloped parcel in Concord surrounded by retail and residential development. A project to construct apartments and condominiums is proposed. What features would you feel are important to be included in this project? What are the major considerations? For non-incumbent applicants:

1. Describe your involvement in the community such as service organizations, community groups, and nonprofits.

2. Explain the difference between the General Plan and Zoning Ordinance.

For incumbent applicants:

1. If you were in the minority on any vote on an issue before the Planning Commission, please describe the point of disagreement in the case.

City Council Agenda Report
Agenda Item No. 5.b
October 11, 2022

2. If you were in the majority on any vote on an issue before the Planning Commission, please describe the point that the other side disagreed with.

Traditionally, the same questions are asked for all applicants during City Council interviews of Planning Commission applicants. It is within the City Council’s discretion whether to direct staff to add the proposed questions on the application, revise existing application questions, or leave the application in its current form. The potential changes encompass two separate processes.

Should a majority of Councilmembers desire to make changes to the Planning Commissioner application form, staff would revise the application form in time to use for the upcoming Planning Commission recruitment for terms ending on February 28, 2023.

The same form would continue to be used on a going forward basis, except for unexpected Planning Commission vacancies for those positions with terms ending February 28, 2025 (there are three Planning Commission terms ending February 28, 2025). If a majority of the City Council clearly directs staff to make specific application changes, staff will implement such changes without the need for additional Council consideration.

Municipal Code, Section 2.20.380 provides that “All vacancies occurring on the Planning Commission shall be filled according to the methods of their original selection.” If the City Council wishes to include age requirement, attendance to two Planning Commission Meetings within 12 months, or application form changes for any unexpected vacancies for existing terms ending February 28, 2025, then changes to the Municipal Code would need to be effective before the applicable recruitment period.

Changes to the Municipal Code require a first reading (introduction) of an ordinance, a second reading (adoption) of the ordinance which typically occurs two weeks thereafter, and then a 30 day period until the ordinance changes take effect.

If a majority of the City Council directs staff to include recommended changes in minimum age requirements or application questions for unexpected vacancies for terms ending in February 2025, an Ordinance will be drafted for Council consideration.

Financial Impact
There are no fiscal impacts associated with the actions excepting minimal staff time.

Public Contact
The City Council Agenda was posted.

Attachment

1. Planning Commission member application

City of Concord
City * State *
Select Language Powered by
Translate (https://translate.google.com)
* Denotes a required field
Profile
First Name *

Last Name *
Email Address *

HOME ADDRESS
Street Address *
Postal Code *
Number of years at above address: *
Number of years in Concord: *
Number of years in the county: *
Attachment 1

Employer * Job Title *
Occupation *
Primary Phone *
Home
Alternate Phone
Home
Number of years at employer:

Employer Address
Which Boards would you like to apply for? *
This board has a vacancy
These board-specific questions have been added to your application:

Planning Commission
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing. Go to Question Would you be available for evening meetings? Go to Question Please state your reason for applying, including qualifications for this position: Go to Question
!
Planning Commission

Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment on each desired board or commission: Go to Question
Go to Question
Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

Question applies to multiple boards
Would you be available for evening meetings? *
Yes
No
Please identify the type of position you are applying for Would you like to be contacted about future Board, Committee, or Commission recruitments? Yes
No

Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment on each desired board or commission:

Education and Training
High School
College
Technicial/Vocational Training

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Upload a Resume
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Please upload your resume
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement *
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name *

From: D'Marco Anthony <[email protected]>
Sent: Tuesday, October 11, 2022 12:31 PM
To: City Clerk <[email protected]>
Subject: Public comment item 5b

Hello. I would like to express disapproval with the suggested eligibility wording “candidates must be a resident over the age of 18”. Adults of all ages should be eligible, including 18 year olds. The proposed wording would seem to suggest that only people 19 years old and older would be allowed to serve on the Planning Commission.

Young people’s voices matter too, so I oppose 19 years old being the cutoff, if that is in fact what is being proposed.

I would also like to see clarification for the other eligibility criterion “candidates must have attended two (2) Planning Commission meetings within the last twelve (12) months”. In light of the COVID-19 pandemic, I feel like virtual attendance should count for this suggested requirement.

Thank you,
-D'Marco J. Anthony
Benched Correspondence
Agenda Item No. 5.b
October 11, 2022

PLANNING

COMMISSION

RECRUITMENT PROCESS
Joelle Fockler
City Clerk
October 11, 2022
1

Two Recommended Changes
2 •Additional eligibility criteria; and
•Adding specific questions to the written
application

Additional Eligibility Requirements – Municipal
Code Change Required
3 •Candidates must be a resident over the age of 18 and be a U.S. citizen; and
•Candidates must have attended two (2) Planning
Commission meetings within the last twelve (12) months.

Adding Questions to the Written Application
4 All applicants:

1. How do you follow State and regional trends in development in order to be educated on what types of projects might be coming to Concord?

2. Describe at least three of the challenges to developing the Base Reuse area.

3. What are the challenges to new development on small infill parcels that are vacant or minimally developed?

4. What do you like most about the current General Plan? What would you like to see changed or augmented?

Adding Questions to the Written Application
(continued)
5 5. Looking back a year or so, what project approved by the Planning Commission have you been most pleased with?

6. If a project comes before the Planning Commission, such as some type of housing or a substantial commercial development, and it is opposed by many neighbors, how would you approach your evaluation of it? What is the role of neighborhood opposition?

7. Suppose there was a 10-acre undeveloped parcel in Concord surrounded by retail and residential development. A project to construct apartments and condominiums is proposed. What features would you feel are important to be included in this project? What are the major considerations?

Adding Questions to the Written Application
(continued)
6 For non-incumbent applicants:

1. Describe your involvement in the community such as
service organizations, community groups, and nonprofits.

2. Explain the different between the General Plan and Zoning Ordinance.

Adding Questions to the Written Application
(continued)
For incumbent applicants:

1. If you were in the minority on any vote on an issue before the P
lanning Commission, please describe the point of
disagreement in the case.

2. If you were in the majority on any vote on an issue before the P
lanning Commission, please describe the point that the other side disagreed with.
7

Unexpected Vacancies for Existing Terms ending
February 28, 2025
“All vacancies occurring on the Planning Commission shall be filled according to the methods of their original
s
election.” – Concord Municipal Code Section 2.20.380
8

Action: Provide direction to staff on next steps
9 •Direct staff to draft an ordinance for Council consideration changing the eligibility requirements specifying over the age of 18 and the addition of candidates attending two (2) Planning Commission meetings within twelve (12) months – this direction may or may not include changes for unexpected vacancies for terms ending February 28, 2025.
•Direct staff to revise application form in time to use for the upcoming Planning Commission recruitment for terms ending on February 28, 2023.
•Direct staff to not make changes to the current eligibility requirements or application process.

Council Questions and
Public Comment
10 Changes to Eligibility Criteria and Written
Application for Planning Commission Recruitments

Staff Report
Date: October 11, 2022
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Kevin Marstall, Director of Community Development Brenda Kain, Housing Manager
Prepared by: Sophia Huckabay, Housing Program Analyst
[email protected]
(925) 671-3387
Subject: Considering adoption of a Resolution pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Municipal Finance Authority multifamily housing revenue bonds in an aggregate principal amount not to exceed $85,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement and equipping of the Argent, an entitled affordable multifamily rental housing project with a site location of 2400 Willow Pass Road,
Concord, California, and certain other matters relating thereto.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378 and/or Public Resources Code Section 21065.

Report in Brief
Meta Housing Corporation (Meta Housing), through its affiliate 2400 Willow Pass, L.P. (Borrower), has recently purchased 2400 Willow Pass Road, the site of the approved The Argent apartment project (the “Argent” or “Project”). The Argent is a 181 unit affordable housing project located at the demolished Blockbuster Video site. Meta Housing and the California Municipal Finance Authority (CMFA) have requested that Concord City Council conduct a Tax Equity and Fiscal Responsibility Act of 1986 (TEFRA) public hearing to approve the issuance of up to $85,000,000 in California State

6.a6.a6.a6.a

City Council Agenda Staff Report
Agenda Item No. 6.a
October 11, 2022
tax exempt bonds. The bond financing will allow for the acquisition, construction, improvement and equipping of the Project. Bond repayment is the sole responsibility of 2400 Willow Pass, L.P. and the CMFA; the City of Concord is not responsible for the debts, liabilities, and obligations incurred through this bond financing.

Recommended Action
Adopt a Resolution pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986 approving the issuance of the California Municipal Finance Authority multifamily housing revenue bonds in an aggregate principal amount not to exceed $85,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement and equipping of The Argent, an entitled affordable multifamily rental housing project with a site location of 2400 Willow Pass Road, Concord, California and certain other matters relating thereto.

Background
Meta Housing, through its affiliate 2400 Willow Pass, L.P. (Borrower), recently purchased 2400 Willow Pass Road and the associated entitlements for The Argent apartment project. The Argent project received its entitlements on July 3, 2019, as a 181 unit, mixed-income project with twenty percent of its units being affordable to low- income households. The income-restricted units were a result of the City of Concord’s Density Bonus Program, which requires that a certain percentage be designated as affordable. However, due to market conditions, Meta Housing has decided to pursue an entirely income restricted affordable housing project (179 income restricted units and 2 managers’ units).In June 2022, Meta Housing was awarded Low-Income Housing Tax Credit and municipal bond financing from the State of California, securing the financing necessary to construct The Argent and transitioning the project to a 100%affordable.

Meta Housing plans to break ground in December 2022, as is required by their State financing.

Meta Housing has requested the issuance of municipal revenue bonds by the conduit bond issuer, the CMFA, in an amount not to exceed $85,000,000, to assist in financing or refinancing the acquisition, construction, improvement and equipping of the Project.

In order for all or a portion of the bonds to qualify as tax-exempt bonds, the City of Concord (City) must conduct a public hearing (“TEFRA Hearing”) providing members of the community an opportunity to comment on the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, City Council must provide its decision for the approval of the issuance of the Bonds.

The Joint Exercise of Powers Agreement (JPA) provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of

City Council Agenda Staff Report
Agenda Item No. 6.a
October 11, 2022
the members executing such agreement. The City became a member of the CMFA JPA in February of 2022.

Analysis
The CMFA, a San Diego based nonprofit created on January 1, 2004, will serve as the bond issuer. To date, over 300 municipalities, including the City, have become members of the CMFA, resulting in over 500 affordable multi-family projects statewide.

The project team includes:
 Meta Housing Corporation is the co-developer of The Argent. Meta Housing has over 29 years of experience as a developer of affordable multifamily housing.

Their portfolio consists of over 7,000 units spread across 80 affordable housing communities. Twelve of these communities are located within the Northern California region, with seven new communities currently in development.

Foundation for Affordable Housing is the second developer for The Argent. The Foundation is a tax-exempt 501 (c)(3) public benefit nonprofit corporation founded more than 25 years ago. The Foundation has developed over 25,000 affordable housing units in more than 200 communities located across 17 states, including California. Their portfolio includes garden-style, high-rise, mid-rise, single room occupancy (SRO), and modular development product types.  Cambridge Real Estate Services (“Cambridge”) is the assigned property management group for the Project. Cambridge has over 20 years of management experience that includes affordable housing compliance, resident services, accounting/financial reporting and capital asset preservation programs.

They currently manage over 3,400 affordable housing units across 33 communities in California.
 Foundation for Affordable Housing-Embrace will provide support services for the Project. Embrace has over 21 years of providing direct service programs or partnerships at properties throughout California and Texas. Embrace currently serves over 2,500 residential units.

Specific to the Argent, Embrace plans to offer services that include a variety of instructor-led educational, health, wellness, and skill building workshops, as well as staffing an on-site learning center offering coaching and services to children ages 5-18. Examples include homework help, assistance with completing college applications, and support with translating documents when English is not the student’s first language. Once occupancy begins, Embrace will survey the tenants and offer additional support services that address the particular issues and needs of its residents.

City Council Agenda Staff Report
Agenda Item No. 6.a
October 11, 2022
The Project
The Argent is a 181-unit multifamily affordable housing project located in the heart of Downtown Concord at 2400 Willow Pass Road. It is located within half of a mile of BART, grocery stores, restaurants and shops, allowing residents access to needed resources and amenities.

Table A below describes the unit breakdown per household income level and bedroom size. Please see Attachment 2 for the maximum income limits per the State of California associated with each income category:

Table A: Number of Income-Restricted Units per Income Level and Bedroom Size Number of Units Per Bedroom Size
Household
Income Level
(Percent of Area
Median Income)
1-
Bedroom
Units
2-
Bedroom
Units
3-
Bedroom
Units
4-
Bedroom
Units
TOTAL
UNITS
30% AMI 8 6 5 2 21
50% AMI 8 5 4 2 19
60% AMI 37 10 7 3 57
70% AMI 27 24 23 8 82
Manager’s Units 1 1 2
Total Units 80 46 40 15 181
On site amenities will include property management and service offices, a community room, security camera system, short- and long-term bicycle parking, and an outdoor open courtyard with a recreational space.

It will use contemporary architecture reflecting Early California style and will incorporate sustainable design principles. The Project will be five levels of wood-framed Type III construction over two levels of Type I-A at-grade podium style parking with a total of 183 parking spaces.

The total estimated bond issuance is $85M, which includes a contingency reserve. The funds are purposed to be utilized for the following activities:
 Site and Entitlements Purchase
 Renovation
 Capital Interest Reserve

City Council Agenda Staff Report
Agenda Item No. 6.a
October 11, 2022
 Senior Debt Service Reserves
 Operating Expense Reserves
 Cost of Issuance
 Contingency Reserves
The CMFA and JPA
The City joined the CMFA in February of 2022 when the City held a TEFRA hearing for, and approved the release of, the municipal bonds associated with The Lakes Apartments project.

The CMFA was created pursuant to a Joint Exercise of Powers Agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. The CMFA assists local governments, non-profit organizations and businesses with the issuance of low-risk, taxable and tax-exempt bonds aimed at improving the standard of living in California.

The CMFA’s representatives and its Board of Directors have 40 years of experience in bond financings.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, an affiliate of Meta Housing, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the bonds. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

Exclusive of holding the TEFRA hearing and making a decision regarding the release of the bonds associated with the Project, no other participation or activity of the City or the City Council with respect to the issuance of the bonds will be required. Additionally, the CMFA shares 25% of all issuance fees directly with its member communities. Upon approving the issuance of the bonds, the City will receive a one-time issuance fee from the CMFA of approximately $19,700.

Regional Housing Needs Allocation
The City is in the process of updating its Housing Element of the General Plan, which must be adopted and submitted to the State of California by January 2023 for the next eight-year planning cycle of 2023-2031. The Housing Element contains policies and programs for meeting the current and future housing needs of all income levels in a community. As part of the plan, the City must demonstrate it can accommodate its Regional Housing Needs Allocation (RHNA). All 181 units of The Argent project will count towards the City’s RHNA goals.

City Council Agenda Staff Report
Agenda Item No. 6.a
October 11, 2022
Financial Impact
There is no financial impact to the City. The Project will be financed and administered by the CMFA. The project is tax exempt due to the method of financing; the approval of the TEFRA bond does not affect the tax-emption status.

Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to support local charities. With respect to the City, it is expected that a $19,700 issuance fee attributable to the City will be granted by the CMFA to the general fund of the City.

Such grant may be used for any lawful purpose of the City.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Public Contact
Notice of the Public Hearing was posted in accordance with Public Hearing notification procedures. Notice of Public Hearing was published in the East Bay Times newspaper on September 30, 2022, which satisfies the minimum notification time required for this action. The City Council agenda was posted.

Attachments

1. TEFRA Resolution – the Argent

2. 2022 Maximum Income Limits

Res. No. 22-xx 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
Resolution Pursuant to the Tax Equity and Fiscal
Responsibility Act Of 1982 (TEFRA) and the Internal
Revenue Code of 1986 Approving the Issuance of the
California Municipal Finance Authority Multifamily
Housing Revenue Bonds in an Aggregate Principal
Amount not to exceed $85,000,000 for the Purpose of
Financing or Refinancing the Acquisition,
Construction, Improvement and Equipping of the
Argent, an Entitled Affordable Multifamily Rental
Housing Project with a Site Location of 2400 Willow
Pass Road, Concord, California, and Certain Other
Matters Relating Thereto
Resolution No. 22-##
/
WHEREAS, 2400 Willow Pass, L.P. (the "Borrower") a partnership of which Meta Housing Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $85,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 2400 Willow Pass Road, Concord, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Concord (the "City") because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the Attachment 1

Res. No. 22-xx 2
California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and
WHEREAS, notice of such public hearing has been duly given as required by Section 147(f) of the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority’s issuance of the Bonds therefore; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are true and correct and incorporated herein by reference.

Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation installation, or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to

Res. No. 22-xx 3
do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 941111
Section 7. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on October 11, 2022, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-xx was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on October 11, 2022.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

30% AMI 50% AMI 60% AMI 80% AMI 100% AMI 110% AMI 120% AMI Extremely Low Very Low Lower Low Median Moderate Moderate 1 Person $30,000 $50,000 $60,000 $76,750 $99,950 $109,945 $119,950 2 Persons $34,300 $57,150 $68,580 $87,700 $114,250 $125,675 $137,100 3 Persons $38,600 $64,300 $77,160 $98,650 $128,500 $141,350 $154,200 4 Persons $42,850 $71,400 $85,680 $109,600 $142,800 $157,080 $171,350 5 Persons $46,300 $77,150 $92,580 $118,400 $154,200 $169,620 $185,050 6 Persons $49,750 $82,850 $99,420 $127,150 $165,650 $182,215 $198,750 7 Persons $53,150 $88,550 $106,260 $135,950 $177,050 $194,755 $212,450 8 Persons $56,600 $94,250 $113,100 $144,700 $188,500 $207,350 $226,200 Income Calculations: This information is based on amounts provided by HUD and CA Dept. of Housing and Community Development Department (HCD). It is updated annually in the spring. 60% =1.2 x 50% AMI. 110% is based on HCD's median. HUD/HCD provides 30%, 50%, 80%, 100% and 120% AMI. Please note, these are not simple mathematical calculations.

Maximum Income Limits (2022)*
City of Concord
*Based on Area Median Income (AMI) in the Oakland Metropolitan Statistical Area Some affordable housing units are restricted based on income. The table below shows income limits for 2022 (effective May 13, 2022).

Household Size
Attachment 2

The Argent City of Concord
Contra Costa County, CA

• A TE FRA hearing is mandated by the IRS
• A TE FRA hearing provides an opportunity for interested individuals to express their views on the issuance of tax- exempt bonds
• A TE FRA hearing informs the public that the bonds are being used for a qualified purpose such as affordable housing • A TE FRA is not for the approval of any other aspects of the project- The Argent received its current project approval in 2019.

TEFRA
Purpose

• The C alifornia Municipal Finance Authority (the “CMFA”) is the issuer of 501(c)(3) tax exempt financing to finance the acquisition and rehabilitation of the 2400 Willow Pass Project • The de bt to be issued by the CMFA will be the sole
responsibility of the Borrower and the City of Concord
will have no financial or legal obligations or
responsibilities regarding the repayment of the debt .

TEFRA
Background

Developers Meta Housing Corporation & Foundation for Affordable Housing Service Provider Foundation for Affordable Housing - EMBRACE Architect KTGY Architecture + Planning
Property Management Cambridge Real Estate Services

DEVELOPMENT TEAM

DEVELOPMENT TEAM
Developer Background –Meta Housing Corp.

Meta Housing Corporation develops and owns affordable and mixed-income apartment communities that infuse vibrancy, inspire community, and support individuals.

Since 1993, our team has built one of the industry’s most successful track records, developing more than $1 Billion in housing, or 7,000 residential units across 80 affordable housing communities. Twelve (12) of these communities, are located within the Northern California region with 7 new communities currently in development.

Meta Housing’s innovative projects include a much-needed grocery store in South Los Angeles, an adaptive reuse of a nine-story bank building in Chinatown for senior housing, numerous affordable professional artist communities,and a platformof transit-oriented developments.

DEVELOPMENT TEAM
Developer Background –Foundation for Affordable Housing The Foundation is a tax-exempt 501 (c)(3) public benefit nonprofit corporation founded by Tomand Deborrah Willard more than 25 years ago. With expertise, experience, and care, the Foundation eases the burden of State, Count y,and Local Housing Authorities through the construction, acquisition, and operation of low-income and senior housing.

The Foundation has developed over 25,000 affordable housing units in more than 200 communities located in California, Colorado, Te xas , Oregon, North Carolina, Florida, Arizona, Utah, Illinois, Missouri, Ohio, South Carolina, Mississippi, Georgia, Montana, Washington and Virginia. Our diversified portfolio includes garden-style, high-rise, mid- rise, single room occupancy (SRO), and modular development product types.

DEVELOPMENT TEAM
Service Provider Background –Foundation for Affordable Housing (EMBRACE) Embrace is the Residential Servicesarm of the Foundation and provides onsite services to a growing number of properties. Our services make a powerful differencein people’slives and carry meaningful returns throughgenerations.

When Embrace is established in a community, there’s improved maintenance within apartments, improved relations between management and residents, and increased resident satisfaction. These benefits have resulted in protection of property values, a more stable resident population, and the increased marketability of service enriched housing. Embrace helps preserve the affordablehousing stock for low-income populations.

DEVELOPMENT TEAM
Architect Background –KTGY Architecture + Planning
Founded in 1991 and celebrating 30 years of delivering award-winning communities, KTGY is a full-service architecture, branding, interiors, and planning firm specializing in residential, retail, hospitality, and mixed-use environments.

KTGY is guided by a continuous focus on innovation, creativity, collaboration, and a deep responsibility towards enhancing communities and neighborhoods. ​KTGY’s architects,designers, and planners combine big picture opportunities, leading-edge sustainable practices, and impeccable design standards to create memorable destinationsof enduring value.

DEVELOPMENT TEAM
Property Manager Background – Cambridge Real Estate Services Cambridge manages over 3,400 units of rental housing designated as affordable and which are operated in accordance with Section 42, the Low- Income Housing Tax Credit program, USDA / Rural Development, and/or the United States Department of Housing and Urban Development (HUD).

Properties under management range in size from less than 25 units to nearly 300 units. Cambridge offers property management services as well as pre- development and acquisition consultation to clients on a wide variety of real estate investments.

Cambridge manages a number of residential developments located in urban neighborhoods. Properties managed include a diverse resident demographic including market rate housing and below market rate housing, senior communitiesand communitiestargeted towards families.

Project Description
Address: 2400 Willow Pass Road,
Concord, CA 94519
 181 Unit Affordable Multifamily New
C
onstruction financed with 501 (c)(3) bonds
 Seven (7) Story Building comprised of a mix of
o
ne-, two-, three-, and four- bedroom units
Bedrooms # of Units
1-Bedrooms 80
2-Bedrooms 46 (incl. 1 mgr. unit)
3-Bedrooms 40 (incl. 1 mgr. unit)
4-Bedrooms 15
Tot al 181

Project Concept Photos

Project Location
Nearby
Amenities
 Concord Library
 Concord BART
S
tation
 John Muir Medical
C
enter
 Safeway Grocery
& P
harmacy
 Todos S antos
Plaza Park
 Mount Diablo
H
igh School, Wren
Ave. Elementary,
Crossroads High
School

Affordability
Homes for Low-Income and Very Low-
Income Families
100% of the units within the 2400 Willow Pass project will be restricted by the California Tax Credit Allocation
Committee (CTCAC) at 70% or below the Area Median
Income (AMI).
• 12% of units will serve families earning at or below
30%
of AMI
• 11% of units will serve families earning 50% of AMI
• 32% of units will serve families earning 60% of AMI
• 45% of units will serve families earning 70% of AMI

Community Benefits
• Creates additional
af
fordable housing
for the community
• Serves need for
lar
ger family
housing
• Targets workforce
h
ousing
community
• Provides housing in
p
roximity to
employment and
transportation
amenities

Staff Report
Date: October 11, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: The Mayor’s Announcement of an extension of the ARPA Ad Hoc Committee’s scope and term for the purpose of making recommendations to Council on nonprofit grant awards; the Committee will continue to exist only until $7,000,000 of grant award recommendations are made to the full Council.

CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15262, and/or 15378.

Report in Brief
At its meeting of May 3, 2022 the Mayor announced the creation of an ad-hoc committee to support the development of an American Rescue Plan Act (ARPA) Investment Plan; specifically to make recommendations on the spending categories, dollar allocations to spending categories, and process for allocating funds within each spending category. On September 27, 2022 the Ad Hoc made its recommendations to Council, at which time the majority of Council concurred with the recommendation to extend the Ad Hoc Committee’s scope and term for the purpose of reviewing and ranking grant applications from nonprofit organizations, and making award recommendations to the full Council.

Recommended Action
The Mayor is announcing an extension of the ARPA Ad Hoc Committee’s scope and term for the purpose of making recommendations to Council on nonprofit grant awards; the Committee will continue to exist only until $7,000,000 of grant award recommendations are made to the full Council.

Background

City Council Agenda Report
Agenda Item No. 8.a
September 27, 2022
Ad Hoc Committees
Pursuant to City of Concord – City Council Meeting Procedures Section 4.53.d, the Mayor may, from time to time, announce appointments to ad hoc advisory committees composed solely of less than a majority of the members of the City Council; the announcement of such appointments shall appear on the posted agenda, but shall not require approval from a majority of the City Council.

The use of Ad Hoc committees is permitted under the Brown Act so long as they:
 Serve a limited or single purpose that is not perpetual;  Are comprised solely of less than a quorum of the City Council (for a five member Council as in Concord, that means two Councilmembers.);  Have a defined purpose and timeframe to accomplish that purpose;  Dissolve once the specific task is complete or the time has expired; and  Are advisory.

An Ad Hoc committee is not subject to notice and posting requirements, nor to holding public meetings, if the above requirements are followed.

Analysis
The proposed Ad Hoc committee meets all the requirements of City Council meeting procedures Section 4.53.d.

Financial Impact
Extension of the Ad Hoc Committee scope and term has no financial impact; however, matters discussed may result in City Manager actions or recommendations to the City Council that have a monetary effect.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Public Contact
The City Council Agenda was posted.